Raju Yadav @ Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1375 of 2022 Arising Out of PS. Case No.-164 Year-2021 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Raju Yadav @ Rajeev Kumar Son Of Karu Yadav Resident Of Village - Matihani, P.S.- Magadh University, Distt.- Gaya. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Syed Asgher Najmi For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2023 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 10.01.2022 passed by learned Exclusive Special Judge, Case No. 164 of 2021 instituted for the offences punishable under Sections 341, 323, 354, 504 of the Indian Penal Code and Sections 3(1)(r)(s)(w) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on anticipatory bail has been rejected. The accusations are of making assault and abusing by calling caste name.
Patna High Court CR. APP (SJ) No.1375 of 2022(4) dt.02-03-2023 2/3 It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. For the alleged occurrence of 27.10.2021, the F.I.R was registered on 02.11.2021 without explaining the delay. The appellant is languishing in custody since 10.12.2021. Moreover, good sense has prevailed between the parties and both sides have compromised the matter.
Learned counsel appearing on behalf of the informant has also asserted this fact that both sides have compromised the matter.
Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 10.01.2022 passed by learned Exclusive Special Judge, Case No. 164 of 2021.
Accordingly, this appeal is allowed.
The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. APP (SJ) No.1375 of 2022(4) dt.02-03-2023 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Case No. 164 of 2021.
(Sunil Kumar Panwar, J) Shageer/- U T