Bhola Yadav @ Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1885 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- SALAIYA District- Aurangabad ====================================================== BHOLA YADAV @ MANISH YADAV S/o Satendra Yadav Resident of Village- Sonari Bigha, P.S.- Salaiya, District- Aurangabad. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bhaskar Shankar, 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 25.08.2020 passed by the Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Aurangabad in Salaiya P.S. Case No. 17 of 2020 registered for the offences under Sections 504, 506, 341, 323/34 IPC and Sections 3(1) (1)(s) 3(2) (va) 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 is in custody since 19.07.2020. there is case and counter case for a scuffle between the parties. There is no visible injury sustained by the informant side and

Patna High Court CR. APP (SJ) No.1885 of 2020(2) dt.01-12-2020 2/2 the offences are all bailable except provisions of SC/ST Act. Which appears to be ornamental in the present case. Considering the totality of the fact situation and also the allegation of assault by fists and slaps, the impugned order dated 25.08.2020 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, Aurangabad in connection with Salaiya P.S. Case No. 17 of 2020.

(Anil Kumar Upadhyay, J) spandey/- U T