Sintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3268 of 2021 Arising Out of PS. Case No.-121 Year-2020 Thana- PANDARAK District- Patna ====================================================== Sintu Yadav S/o Surendra Yadav R/o village- Gowasa Sekhpura Gheraper, P.S.- Pandarak, District- Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Arun, Adv, For the Respondent/s :

Mr. Sadanand Paswan, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-08-2021 Heard learned counsel for the parties through video conferencing.

The instant appeal has been preferred against the order dated 8.2.2021 passed by the learned Additional District and Sessions Judge III-cum-Special Judge, SC/ST, Patna, whereby the prayer for bail of the appellant in a case registered under section 307 and other sections of the Indian Penal Code, section 27 of the Arms Act and section 3(1)(r)(s)(w) of the SC and ST (Prevention of Atrocities) Act, was rejected. As per allegation in the F.I.R. the accused persons came variously armed, started to abuse the informant and it is stated that the appellant fired thrice but somehow the informant was saved with none of the shots hitting her. He started to make demand of rangdari.

Patna High Court CR. APP (SJ) No.3268 of 2021(2) dt.23-08-2021 2/3 It is submitted by learned counsel for the appellant that the allegations as levelled in the F.I.R. are false and concocted . The appellant has been falsely implicated in the case because of political rivalry in the village politics. Even from the F.I.R. it is evident that no injury was caused to the informant. The appellant is in custody since 10.3.2021. He has no criminal antecedent and investigation in the case has concluded. The appeal is opposed by learned Spl.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the appellant having remained in custody for over 5 months and investigation in the case having concluded, the Court is inclined to allow the appeal. The appeal is allowed and the order dated 8.2.2021 passed by the learned Additional District and Sessions Judge III-cum-Special Judge, SC/ST, Patna, is set aside.

The appellant is directed to be enlarged on bail in connection with Special Case no.477 of 2020 (arising out of Pandarak P.S. Case No.121 of 2020) on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District

Patna High Court CR. APP (SJ) No.3268 of 2021(2) dt.23-08-2021 3/3 and Sessions Judge III-cum-Special Judge, SC/ST, Patna. (Partha Sarthy, J) Bibhash U