Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1646 of 2020 Arising Out of PS. Case No.-36 Year-2019 Thana- RAJAON District- Banka ====================================================== RAJESH YADAV Son of Deepak Yadav Resident of Village - Khirjan, P.S. - Rajoun, District - Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Brij Nandad Prasad, Adv.

For the Respondent/s :

Mr. Binay Krishna, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-12-2020 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State, through video conferencing.

The instant appeal has been preferred by the appellant against the order dated 15.2.2020 passed by the learned Additional Sessions Judge-I, Banka whereby the prayer for bail of the appellant in connection with Rajaon P.S. Case No. 36 of 2019 registered under sections 307, 354 B, 436, 427, 323, 504, 506, 147, 148 and 149 of the Indian penal Code, section 27 of the Arms Act, sections 3 and 4 of the Dayan Act and section 3(1)(w) of the SC & ST Prevention of Atrocities Act was rejected.

As per allegation in the FIR, the four named accused persons and two others started to assault and abuse the mother

Patna High Court CR. APP (SJ) No.1646 of 2020(3) dt.07-12-2020 2/3 of the informant and misbehaved with her. On protest by the informant it is stated that after some time twenty named accused persons including the appellant herein came variously armed in an intoxicated state and started to assault the informant and burnt his house. It is stated by the informant that they were taken to the hospital for treatment.

It is submitted by learned counsel for the appellant that the appellant is in custody since 11.1.2020 and the allegations as levelled in the FIR are general and omnibus in nature. It is submitted that the appellant has been falsely implicated in the case.

The application for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the appellant being in custody since 11.1.2020 and having no criminal antecedent, the Court is inclined to allow the instant appeal. The appeal is allowed and the order dated 15.2.2020 passed by the learned Additional Sessions Judge-I, Banka is set aside.

The appellant is directed to be enlarged on bail in connection with Rajaon P.S. Case No. 36 of 2019 (G.R. No. 10

Patna High Court CR. APP (SJ) No.1646 of 2020(3) dt.07-12-2020 3/3 of 2019B) on furnishing bail bond of Rs.10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Banka. (Partha Sarthy, J) sushma/- U