Gulsan Yadav@ Gulshan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1855 of 2020 Arising Out of PS. Case No.-219 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== GULSAN YADAV@ GULSHAN YADAV Son of Bishundev Yadav Resident of Village - Masankhama, P.S. - Warisaliganj, District - Nawada. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Man Mohan Kumar, Advocate For the Respondent/s :
Mr.Binay Krishna Mallik, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-12-2020 Heard learned counsel for the appellant and the State.
The appellant is aggrieved by the order dated 11.06.2020 passed by the Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Nawada in B.P. No. 1187 of 2020 arising out of Special Case No. 144 of 2020 arising out of Warisaliganj P.S. Case No. 219 of 2019 registered for the offences under Sections 341, 323, 504/34 IPC and Sections 3(i) (d)(e)(r)(s)/3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for grant of regular on behalf of the appellant has been rejected. Learned counsel appearing on behalf of the appellant would submit that the appellant has no criminal antecedent. The appellant is in custody since 28.05.2020. The kind of allegation
Patna High Court CR. APP (SJ) No.1855 of 2020(2) dt.01-12-2020 2/2 levelled against the appellant is trivial in nature and in the light of Annexure-3 the said allegation appears to be a device to save their skin from the liability in terms of Annexure-3. Considering the totality of the fact situation, the impugned order dated 11.06.2020 is set aside and the appeal is, accordingly, allowed.
Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum- Special Judge SC/ST Act, Nawada in connection with Special Case No. 144 of 2020 arising out of Warisaliganj P.S. Case No. 219 of 2019. (Anil Kumar Upadhyay, J) spandey/- U T