Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.110 of 2021 Arising Out of PS. Case No.-219 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== Bhushan Yadav, son of Bisho Yadav Resident of Village - Masankhama, P.S.- warisaliganj, Distt.- Nawada.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Birendra Kumar, Advocate For the Respondent/s :

Mr. Upendra Kumar, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2021 Heard learned counsel for the appellant and learned counsel appearing on behalf of the Special P.P. The appellant is aggrieved by the order dated 06.10.2020 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Nawada in connection with Warisaliganj P.S. Case No. 219 of 2019, Special (H) No. 144 of 2019 registered for the offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(i)(d)(r)(s)/3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for bail of the appellant has been rejected.

Patna High Court CR. APP (SJ) No.110 of 2021(2) dt.20-02-2021 2/3 The appellant is alleged to have assaulted the son of the informant along with other co-accused persons and abused him by calling his caste name. Learned counsel appearing on behalf of the appellant would submits that appellant is not having any criminal antecedent and he is in custody since 16.09.2020.

Considering the fact that the appellant has no criminal antecedent, the order dated 06.10.2020 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Nawada in connection with Warisaliganj P.S. Case No. 219 of 2019, Special (H) No. 144 of 2019, is set aside.

Accordingly, the appeal is allowed.

The appellant, above named, is directed to be released on bail on his furnishing bail bonds of Rs. 50,000/- (Rupees fifty thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, Nawada

Patna High Court CR. APP (SJ) No.110 of 2021(2) dt.20-02-2021 3/3 in connection with Warisaliganj P.S. Case No. 219 of 2019, Special (H) No. 144 of 2019.

(Anil Kumar Upadhyay, J) Shageer/- U T