Saurav Yadav @ Saurav Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.614 of 2021 Arising Out of PS. Case No.-38 Year-2019 Thana- LADAIYATAR District- Munger ====================================================== SAURAV YADAV @ SAURAV KUMAR YADAV, Son of Late Lalit Yadav, Resident of Village- Satgharwa Tola Tand, Police Station- Ladaiya Tand, District- Munger.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anil Kumar Singh For the Respondent/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2021 Heard learned counsel for the appellant and learned Special P.P. for the State.

The instant appeal has been preferred by the appellant against the order dated 18.06.2020 by the learned Special Judge (S.C./S.T. Act) cum 1st Additional Sessions Judge, Munger whereby the prayer for bail of the appellant, in connection Ladaiya Tand P.S. Case No. 38 of 2019 registered under Sections 3 (2) (v) (I) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was rejected. Prosecution case in brief is that as per FIR, on the son of the informant not returning home, it is stated by the informant that they started searching for him and it transpired that 21 named accused persons including the appellant herein

Patna High Court CR. APP (SJ) No.614 of 2021(2) dt.24-02-2021 2/3 and 5-6 unknown persons in a planned manner committed murder of his son. It is further stated that the dead body of his son was recovered subsequently and the occurrence has taken place as a result of some land purchased by his son. Learned counsel for the appellant submits that the appellant is innocent and has been committed no offence in this case. There is general and omnibus allegation has been made against 21 named accused persons and 5-6 unknown persons without disclosing any source of such information. It is submitted that admittedly there is no eye witnesses to the alleged occurrence and the story is not only vague but suspicious and doubtful. No incriminating material has been found against the appellant. The appellant is in custody since 07.01.2020 and has no criminal antecedent. The co-accused has been granted bail by this court vide order dated 07.12.2020 passed in Cr. Appeal (SJ) No. 1686/2020.

Learned Special P.P. for the State opposed the prayer for bail.

Considering the aforesaid facts, let the appellant, above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. APP (SJ) No.614 of 2021(2) dt.24-02-2021 3/3 Special Judge SC/ST Act cum Additional Sessions Judge-1st, Munger in connection with Ladaiya Tand P.S. Case No. 38/2019.

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

(Anjani Kumar Sharan, J) amitkumar/- U T