Patna High CourtCR. APP (SJ)/1698/2019bail granted

Ranjeet Yadav v. The State Of Bihar

2019-05-22Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1698 of 2019 Arising Out of PS. Case No.-198 Year-2018 Thana- BELHAR District- Banka ====================================================== Ranjeet Yadav Son of Ganga @ Gangadhar Yadav Resident of Village - Kharoda, P.S.- Belhar, Distt - Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Javed Aslam For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 22-05-2019 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 02.04.2019 passed by learned 1st Addl. Sessions Judge, Banka in Belhar P.S. Case No. 198 of 2018 registered under Section 302/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant along with two other F.I.R. named accused persons are said to have intervened the feud between the uncle and aunt of the informant and assaulted his uncle and

Patna High Court CR. APP (SJ) No.1698 of 2019 dt.22-05-2019 2/3 took him to forest and also assaulted him there where his uncle was found dead.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to animosity. No motive has been assigned in the occurrence. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant has no criminal antecedent and has been languishing in custody since 25.02.2019. Similarly situated co-accused, namely, Nandu Yadav has been enlarged on bail by a co-ordinate bench of this court vide order dated 28.03.2019 passed in Cr. Appeal (SJ) No. 1032 of 2019 while co-accused Pappu Yadav has been enlarged on bail by this Court vide order dated 26.04.2019 passed in Cr. Appeal (SJ) No. 1733 of 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, Banka in Belhar P.S. Case No. 198 of 2018.

Patna High Court CR. APP (SJ) No.1698 of 2019 dt.22-05-2019 3/3 Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) rohit/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23-05-2019 Transmission Date 23-05-2019