Pravin Yadav @ Praveen Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1393 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- CHANAN District- Lakhisarai ====================================================== Pravin Yadav @ Praveen Yadav S/O Gauri Prasad Yadav Resident of VillageRampur, P.S.- Chanan, District- Lakhisarai ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Anshu Kumar S/O Suchit Paswan Resident of Village- Rampur, P.S.- Chanan, District- Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sanjeev Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and perused the case diary. Despite valid service of notice, none appears on behalf of the informant.

2. The instant appeal has been filed by the appellant against the order dated 24.03.2025 passed by learned District and Additional Sessions Judge I-cum-Special Judge, SC/ST Act, Lakhisarai whereby the prayer for bail of the appellant in connection with Chanan P.S. Case No. 142 of 2024 under Sections 126(2), 115(2), 118(1), 352, 351(2), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(2)(va), 3(1)(r), and 3(1)(s) of SC/ST Act was rejected.

Patna High Court CR. APP (SJ) No.1393 of 2025(3) dt.02-07-2025 2/3

3. Prosecution case, in short, is that, the appellant along with other co-accused person intercepted the informant, abused him with caste slurs and assaulted him due to which he sustained injuries.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the appellant also submits that the allegation levelled against the appellant is general and omnibus in nature. It is next submitted that the injury received by the informant is simple in nature caused by hard and blunt susbtance. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 24.12.2024 and has got one criminal antecedent in which he is on bail.

5. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellant.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the

Patna High Court CR. APP (SJ) No.1393 of 2025(3) dt.02-07-2025 3/3 appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 24.03.2025 passed by learned District and Additional Sessions Judge I-cumSpecial Judge, SC/ST Act, Lakhisarai is hereby set aside.

7. Let the appellant be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chanan P.S. Case No. 142 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T