Sujit Kumar @ Sujit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2126 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- SC/ST District- Begusarai ====================================================== 1.

Sujit Kumar @ Sujit Kumar Yadav, male, aged about 20 years, Son of Ramadhar Yadav @ Ram Adhar Yadav.

2.

Ajit Kumar @ Ajit Kumar Yadav, male, aged about 23 years, Son of Ramadhar Yadav @ Ram Adhar Yadav.

Both are resident of - Kali Nagar - Patel Chawak, Ward No. - 22, P.S. - Begusarai Nagar (Ratanpur O.P.), Distt. - Begusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Shubhesh Pandey, Adv.

For the Respondent/s :

Mr. Vinay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2021 Heard Mr. Shubhesh Pandey, learned Advocate for the appellants and Mr. Vinay Krishna, learned Special Public Prosecutor for the State.

This appeal is directed against the order dated 08.07.2020 passed by the learned Special Judge, SC/ST (POA) Act, Begusarai in connection with Begusarai SC/ST

Patna High Court CR. APP (SJ) No.2126 of 2020(2) dt.05-01-2021 2/3 P.S. Case No. 08 of 2020, dated 18.02.2020, registered for the offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Sections 3(i) (r) (s) (w) and 3(2) (va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for grant of bail of the appellants has been rejected. It appears from the First Information Report that the mother of the appellants had began the fight and when the informant came to the rescue of his wife, who was assaulted by the mother of the appellants, the appellants also intervened. Appellant No. 1 is stated to have assaulted the informant by means of an iron rod on his head, whereas appellant No. 2 is alleged to have assaulted the brother-inlaw of the informant. Learned counsel for the appellants has submitted that because of past land dispute regarding passage, the occurrence has taken place. The injuries suffered by the informant and his brother-in-law are stated to be simple in nature.

The appellants are stated to be in custody since

Patna High Court CR. APP (SJ) No.2126 of 2020(2) dt.05-01-2021 3/3 08.07.2020.

Regard being had to the facts afore-stated, the order dated 08.07.2020, referred to above, is set-aside. The appellants, above-named, are directed to be released on bail on their furnishing bail bonds in sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Begusarai in connection with Begusarai SC/ST P.S. Case No. 08 of 2020.

The appeal stands disposed off accordingly.

(Ashutosh Kumar, J) Praveen-II/- U T