Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.220 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== 1.

BHOLA YADAV S/o Kamal Yadav Resident of Village-Karra, P.S.- Laxmipur, District-Jamui.

2.

Shibu Yadav S/o Bhola Yadav Resident of Village-Karra, P.S.-Laxmipur, District-Jamui.

3.

Bittu Yadav S/o Bhola Yadav Resident of Village-Karra, P.S.-Laxmipur, District-Jamui.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajesh Kumar Sinha, Advocate For the Respondent/s :

Mrs. Usha Kumari No.1, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2021 Heard learned counsel for the appellants and learned Spl. P.P. for the State through virtual mode. Counsel for the appellants is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Learned counsel for the appellants submits that the limitation, as pointed out by the office, be condoned in the light of the order dated 08.03.2021, passed by the Hon'ble Apex Court, in Suo Motu Writ Petition (Civil) No.03 of 2020. Considering the submissions made on behalf of the learned counsel for the appellants, the limitation, as pointed out by the office, is condoned.

The matter relates to grant of anticipatory bail to the

Patna High Court CR. APP (SJ) No.220 of 2021(2) dt.16-08-2021 2/3 appellants in connection with a case registered for the offences under Sections 341, 447, 323, 307, 504, 506/34 of the Indian Penal Code and Sections 3(1)(r)/3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989.

The prosecution case, in short, is that the appellants came at the house of the informant and abused her and her family members by taking caste name. The appellant No.2 assaulted the informant with iron rod, due to which she sustained head injury. When the son and daughter-in-law of the informant came to save her, appellant No.1 gave lathi blow on the head of the informant's son, due to which he sustained head injury and informant's daughter-in-law also received injury on her left hand finger.

It has been submitted on behalf of the appellants that the appellants have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the appellants. The appellants have falsely been implicated in the present case. There is no allegation of assault against the appellants. It is a case and counter case between the parties. Free fight is alleged to have taken place. Annexure 2 is the counter case. The injury on the appellants' side has not been explained by the prosecution. The prosecution has not come

Patna High Court CR. APP (SJ) No.220 of 2021(2) dt.16-08-2021 3/3 with clean hands. The alleged occurrence has not taken place within public view. Hence no offence under the SC/ST Act is attracted in the present case.

On behalf of the State, it is submitted that the appellants are named in the F.I.R.

In view of the aforesaid facts and circumstances, the order dated 04.07.2020, passed by the learned A.D.J. 1st, Jamui vide A.B.P. No.688 of 2020 in connection with Laxmipur P.S. case No.191/2020, is set aside. The criminal appeal is allowed. Let the appellants, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned A.D.J. 1st, Jamui in connection with Laxmipur P.S. case No.191/2020. Once the normalcy is restored, the appellants will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Narendra/- (Sudhir Singh, J) U T