Lalu Yadav @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2427 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== LALU YADAV @ AJIT KUMAR Son of Mungeshwar yadav Resident of Village- Salempur (Barouniya Bigha) PS- Haspura, District- Aurangabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rajendra Paswan Son of Late Parmeshwar Paswan Resident of VillageSalempur, PS- Haspura, district- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant :

Mr. Binod Kumar Pandey, Advocate For the State :

Mr. Sadanand Paswan, , Spl.PP For Respondent No. 2 :

N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel appearing for the appellant and learned Special Public Prosecutor appearing for the respondentState.

2. Despite valid service of notice, no body appears on behalf of Respondent No. 2.

3. This appeal has been filed for setting aside order dated 25.04.2023 passed in a case registered for the offence punishable under Sections 341, 323, 324, 504, 506 and 34 of the Indian Penal Code and Sections 3(i)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

Patna High Court CR. APP (SJ) No.2427 of 2023(8) dt.08-08-2024 2/3

4. The prosection case in brief is that on the eve of Holi, at about 6 PM, while the informant and others were participating in Holi Milan Songs, in the meantime, all the F.I.R. named accused persons, including this appellant, came there and abused the informant and others by caste name and assaulted them. It is further alleged that when the lady members of the family came to save them, they were also assaulted.

5. It is submitted by learned counsel appearing on behalf of the appellant that the present case is counter blast of Haspura P.S. Case No. 71 of 2023. Allegation of assault is general and omnibus and there is no specific allegation of overt act against this appellant. Moreover, the injury report on record does not corroborate the prosecution case. It is further submitted that the F.I.R. does not reveal that any member of the public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against this appellant. Appellant claims clean antecedents.

6. Learned Spl. P.P. appearing for the respondent-State has opposed the prayer for grant of bail to the appellant.

7. Considering the aforesaid facts and circumstances of the case, this appeal is allowed and the impugned order dated

Patna High Court CR. APP (SJ) No.2427 of 2023(8) dt.08-08-2024 3/3 25.04.2023 passed by the learned Special Judge (SC/ST)-cumA.D.J. Ist, Aurangabad, in connection with A.B.P. No. 614 of 2023 arising out of Haspura P.S. Case No. 70 of 2023 is hereby set aside with respect to this appellant only.

8. Accordingly, 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 learned Special Judge (SC/ST)-cum-A.D.J. Ist, Aurangabad, in connection with A.B.P. No. 614 of 2023 arising out of Haspura P.S. Case No. 70 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T