Gadan Yadav @ Ramchandra Yadav @ Ramchandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2980 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== Gadan Yadav @ Ramchandra Yadav @ Ramchandra Prasad Son of Kashinath Yadav Resident of Village- Baleshra Jahrule Hata, P.S.- Uchkagaon, DistrictGopalganj. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Vyas Kumar Mishra For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the appellant and learned Special P.P. for the State through video conferencing. The present appeal has been filed against order dated 07.04.2021 passed by learned Addl. Sessions Judge-II, Gopalganj in Unchakagaon P.S. Case No. 83 of 2021, registered for the offence punishable under Sections 341, 342, 353, 269, 324 of the Indian Penal Code, Section 45 of Bihar Prohibition and Excise Act and Section 3(1)(x)(r)(s) of SC/ST Act, whereby the prayer for bail of appellant has been rejected. As per the prosecution case, on 12.03.2021, the informant alongwith other Chowkidar were chasing a Wagon-R car, all the FIR named accused persons including this appellant are alleged to have abused and assaulted the informant. It is

Patna High Court CR. APP (SJ) No.2980 of 2021(2) dt.26-07-2021 2/2 further alleged that they kidnapped him (informant) and took him to the house of co-accused Manoj Yadav and forcibly administered him intoxicant medicine and thereafter, fled away leaving the informant near the railway track. It is submitted on behalf of the appellant that there is general and omnibus allegation of abuse and assault and no specific overt act has been alleged against this appellant. The appellant has got one criminal antecedent, in which, he is on bail, and he is in custody since 14.03.2021. Investigation is complete.

Considering the nature of allegation and clean antecedent of the appellant, the impugned order dated 07.04.2021 is, hereby, set aside and this appeal is allowed. Let the appellant, above named, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II, Gopalganj in connection with Unchakagaon P.S. Case No. 83 of 2021.

(Prabhat Kumar Singh, J.) anay U T