Tipu @ Topla Yadav @ Tipu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2323 of 2019 Arising Out of PS. Case No.-103 Year-2014 Thana- SHAHKUND District- Bhagalpur ====================================================== Tipu @ Topla Yadav @ Tipu Yadav Son of Sri Bato Yadav Resident of Village- Basantpur, Morkahi, P.S.- Akbarnagar, District- Bhagalpur. ... ... Appellant.
Versus
The State of Bihar.
... ... Respondent.
====================================================== Appearance :
For the Appellant/s :
Mr. Diwakar Upadhyaya For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-09-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 07.01.2019 passed by learned 3rdAdditional Sessions Judge cum Special Judge SC/ST Act, Bhagalpur in connection with Sessions Trial No.584 of 2017, arising out of Sahakund P.S. Case No. 103 of 2014 registered under Sections 302, 307, 323, 333, & 353/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.2323 of 2019(6) dt.02-09-2019 2/3 During the course of evening patrolling the informant got information about creating rein of terror in the village Pachrukhi by the four miscreants by brandishing pistol and when the informant arrived there and asked to surrender then they resorted firing upon the police party and in retaliation the police party also resorted firing and in the shoot out S.I. Avinash Kumar sustained injury which proved fatal. During the course of occurrence, one Tarini Mandal was apprehended while other accused persons managed to escape. Apprehended accused disclosed the name of the appellant as one of his fleeing accomplices involved in the occurrence.
It is submitted by learned counsel for the appellant that appellant has been falsely implicated in the case due to dirty village politics. There is nothing in the record indicating the complicity of the appellant in the occurrence barring the confessional statement of apprehended accused Tarani Mandal, which has no evidentiary value in the eye of law. Nothing incriminating article has been recovered from the conscious physical possession of the appellant. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Co-accused Sintu Yadav and Sanjay Yadav, who were also named by the co-accused Tarani Mandal in his confessional
Patna High Court CR. APP (SJ) No.2323 of 2019(6) dt.02-09-2019 3/3 statement before the police, have been acquitted on trial. Appellant has been languishing in custody since 07.02.2018. Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be released on bail 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 3rdAdditional Sessions Judge cum Special Judge SC/ST Act, Bhagalpur in connection with Sessions Trial No.584 of 2017, arising out of Sahakund P.S. Case No. 103 of 2014, subject to the condition one of the bailors must be close relative of the appellant.
Accordingly, the impugned order is set aside and this appeal is allowed.
(Prakash Chandra Jaiswal, J) Trivedi/- U T