Ram Kumar Yadav @ Buchu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3105 of 2017 Arising Out of PS.Case No. -220 Year- 2017 Thana -ALOULI District- KHAGARIA ====================================================== Ram Kumar Yadav @ Buchu Yadav, son of Bhiko Yadav, resident of village Buchay Tol, P.S. Alouli, District Khagaria .... .... Appellant

Versus

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

For the Appellant/s : Mr. Sada Nand Roy For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 Heard learned counsel for the appellant.

This appeal has been filed for grant of bail in connection with Alouli P.S. Case No. 220 of 2017, registered for the offences punishable under Sections 147, 341, 323, 447, 504 of the Indian Penal Code and 3(i)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 16.9.2017 passed by Additional Sessions Judge-I-cum-Special Judge, Khagaria.

Allegation against the appellant is of assault to the informant and also abusing him by taking his caste name. Submission of learned counsel for the appellant is that he has falsely been implicated in this case and no such occurrence has taken place and moreover the injuries are simple in nature and not on the vital part of body. Further submission is that he is in custody for three months.

Heard learned Special P.P. also, who has opposed the

Patna High Court CR. APP (SJ) No.3105 of 2017 (2) dt.10-11-2017 2/2 prayer for bail stating that there are five injuries on the person of informant.

Having heard both sides and in view of the facts and circumstances, this appeal is allowed and the impugned order is set aside.

Let appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, Khagaria, in connection with Alouli P.S.Case No. 220 of 2017, G.R.No. 1996 of 2017, subject to the following conditions : (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (2) Appellant shall co-operate in trial and appear before the court on each and every date and on failure to appear on two consecutive dates without any genuine reason, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U