Patna High CourtCR. APP (SJ)/1363/2019bail granted

Shambhu Yadav v. The State Of Bihar

2019-04-26Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1363 of 2019 Arising Out of PS. Case No.-437 Year-2018 Thana- MAHESI District- East Champaran ====================================================== Shambhu Yadav, Son of Late Jamadar Ray, Resident of Village-Harpurnag, (Sarai Banwari), Police Station-Mehsi, District-East Champaran. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Manoj Kumar, Advocate.

For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 26-04-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 08.03.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act), East Champaran, Motihari in Mehsi P.S. Case No. 437 of 2018 registered under Sections 323, 341, 325, 506 and 379/34 of the Indian Penal Code and Section 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant along with other F.I.R. named accused persons are said to have slated the informant in the name of his

Patna High Court CR. APP (SJ) No.1363 of 2019 dt.26-04-2019 2/3 caste over plying tractor on lower charge and appellant also slapped him and tried to torch his tractor.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. The allegation of slating the informant in the name of his caste levelled against the appellant is not specific rather general and omnibus in nature. Informant has not sustained any injury. Informant and appellants happen to be supporter of the different candidates of Mukhiya and due to the aforesaid political rivalry he has been falsely implicated in the case by the informant at the instance of rival candidate. He has no criminal antecedent and has been languishing in custody since 20.02.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act), East Champaran, Motihari in connection with Mehsi P.S.

Patna High Court CR. APP (SJ) No.1363 of 2019 dt.26-04-2019 3/3 Case No. 437 of 2018.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 27.04.2019 Transmission Date 27.04.2019