Ajit Yadav @ Napali @ Nepali Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1760 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- GAURICHAK District- Patna ====================================================== AJIT YADAV @ NAPALI @ NEPALI YADAV S/o Dharmender Yadav R/o Village- Bibipur, P.S.- Gaurichak, District- Patna............ ... Appellant/s
Versus
The State of Bihar ........................................... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Suryadeo Prasad Singh For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 20-06-2019 Heard learned counsel for the appellant and learned Spl. P.P. 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 14.3.2019 passed by learned Special Judge, SC/ST, Act, Patna, in connection with Special Case No. 23 of 2019, arising out of Gaurichak P.S. Case No. 23 of 2019 registered under Sections 447, 341, 323, 307, 504, 506/34 of the Indian Penal Code and also under Section 3 (i) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.
On the exhortation of accused Mithlesh Singh appellant assaulted on the head of the informant inflicting head injury to him.
Patna High Court CR. APP (SJ) No.1760 of 2019 dt.20-06-2019 2/2 It is submitted by the learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to dirty village politics. The doctor has found the injury on the person of the informant as simple in nature caused by hard and blunt substance. Appellant has no criminal antecedent. He has been languishing in custody since 09.02.2019. Learned Spl. P.P. 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 Special Judge SC/ST Act, Patna in connection with Special Case No. 23 of 2019, arising out of Gaurichak P.S. Case No. 23 of 2019. Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) T.Kr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.6.2019 Transmission Date 22.6.2019