Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2363 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== AJAY YADAV Son of Yamuna Yadav Resident of village - Manpur, P.S. - Fatehpur, Distt. - Gaya ... ... Appellant/s
Versus
1.
The State of Bihar 2.
RUBI DEVI Wife of Nagina Paswan Resident of village - Manpur, P.S. - Fatehpur, Distt. - Gaya ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Manisha Prakash, Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 Despite valid service of notice , nobody appears on behalf of respondent No. 2. Heard learned counsel for the appellant and learned Special Public Prosecutor for the State .
2. This appeal has been filed for setting aside order dated 03.04.2023 passed in a case registered for the offence punishable under sections 341, 323, 308 , 504, 506 and 34 and other allied sections of the Indian Penal Code and sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected.
3 . As per prosecution case , on the alleged date and time of occurrence , when informant was going towards the tank
Patna High Court CR. APP (SJ) No.2363 of 2023(4) dt.22-08-2024 2/3 of village to see immersion of Saraswati idol, all of a sudden a quarrel took place over singing filthy songs upon which all the F.I.R., named accused persons including this appellant armed with pistol, lathi, pasuli came there and assaulted and abused informant by caste name . It is further alleged that co-accused accused Binod Yadav abused informant and assaulted him by means of Pasuli, as a result of which he sustained cut injury upon his finger. Co-accused Sonu Kumar assaulted Guddu Paswan, and caught him bite with teeth, when Rahul and Kamla Devi came there to rescue then Ajay Yadav (Appellant) and coaccused Naresh Yadav assaulted them by Pasuli causing injury to them.
4. It is submitted on behalf of appellant that on the alleged date and time of occurrence, a quarrel took place between the parties for playing vulgar son on DJ . Case and counter case . Case lodged by this appellant is earlier in point of time . Injury allegedly caused by this appellant is simple in nature . There is no allegation of abuse by caste name against this appellant, as such , no case under SC / ST is made out against this appellant. Appellant claims clean antecedent. 5 . Learned Special Public Prosecutor for the State vehemently opposed the prayer for bail.
Patna High Court CR. APP (SJ) No.2363 of 2023(4) dt.22-08-2024 3/3
6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/St, Gaya, in connection with A.B.P No. 93 of 2023 Fetehpur Police Station Case No. 70 of 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T