Gorelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3315 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- SC/ST District- Bhagalpur ====================================================== GORELAL YADAV Son of Bilakshan Yadav Resident of Village-Jamaldipur, P.S.- Bihpur, District-Bhagalpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajive Ranjan Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Appellant seeks pre-arrest bail in connection with Naugachia SC/ST P.S.Case No. 15 of 2019 registered for the offences punishable under Sections 341, 323, 504, 506, 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 (i)(r)(s) & 3(2)(Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

As per FIR one co-accused Raja Yadav abused the brother of informant by taking caste name and thereafter other co-accused persons started abusing his brother and demanding extortion. So far the appellant is concerned, there is general allegation of abusing and assaulting and there is also allegation against appellant and other coaccused persons of firing but same did not hit anybody. Submission of learned counsel for the appellant is that there is no specific allegation against the appellant and FIR itself shows that nobody received any injury and as a matter of fact appellant came to pacify the matter but he has been made accused in

Patna High Court CR. APP (SJ) No.3315 of 2019(5) dt.16-11-2019 2/2 this case.

Heard learned counsel for the State.

Having heard both sides and in the facts and circumstances, as stated above, let appellant, named above, surrender in the court below within a period of three seeks from the receipt of this order and on surrender he shall 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 District and Sessions Judge-III-cum-Special Judge, Bhagalpur, in connection with Naugachia SC/ST P. S.Case No. 15 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors of the appellant shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. Accordingly, this appeal is allowed and the impugned order dated 5.7.2019 is set aside.

(Vinod Kumar Sinha, J) spal/- U T