Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1590 of 2019 Arising Out of PS. Case No.-21 Year-2018 Thana- SC/ST District- Banka ====================================================== 1.

RAJESH YADAV S/o Late Manosi Yadav Resident of Village- Jabra, P.S.- Rajoun, District- Banka.

2.

Barun Yadav Son of Shakleshwar Yadav Resident of Village- Jabra, P.S.- Rajoun, District- Banka.

3.

Subodh Yadav Son of Shakleshwar Yadav Resident of Village- Jabra, P.S.- Rajoun, District- Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Mukherjee For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2019 Heard learned counsel for the appellants and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 27.02.2019 passed by learned 1st Addl. Sessions Judge, Banka in Banka SC/ST P.S. Case No. 21 of 2018 registered under Sections 341, 323, 354, 504 and 506 of the Indian Penal Code and Section 3(i)(w) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.1590 of 2019(3) dt.28-06-2019 2/3 Appellants are said to have slated the informant and his family members in the name of their caste and also assaulted the informant and dragged his daughter catching hold her hand intruding into his house as informant stopped taking construction work from the appellant Rajesh Yadav. It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. Appellants have been falsely implicated in the case. Allegation of slating and assaulting levelled against the appellants is general and omnibus in nature. No one has sustained any injury. Appellants are said to have slated the informant and his family members in the name of their caste intruding into his house and not in public view, hence no offence under SC/ST Act is made out against the appellants.

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

Having regard to the facts and circumstances of the case, let the above named appellants, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions

Patna High Court CR. APP (SJ) No.1590 of 2019(3) dt.28-06-2019 3/3 Judge, Banka in Banka SC/ST P.S. Case No. 21 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

(Prakash Chandra Jaiswal, J) mantreshwar/- U T