Balmiki Yadav@Balmiki Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3319 of 2019 Arising Out of PS. Case No.-350 Year-2017 Thana- BAKHTIYARPUR District- Patna ====================================================== BALMIKI YADAV @ Balmiki Prasad Son of Late Birju Yadav @ Brij Kiahore Singh Resident of Dedour, P.S.- Bakhtiyarpur, District- Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Manish Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-09-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 11.06.2019 passed by learned Addl. Sessions Judge-XIII cum Special Judge, SC/ST Act, Patna in Bakhtiyarpur P.S. Case No. of registered under Sections 147/148/149/342/324/504/307 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)/3(2)(v) of the SC/ST Act.

On snapping of the electrical connection of the locality of the informant by the co-accused Vinod Rai, the informant and others informed the police, but after departure of

Patna High Court CR. APP (SJ) No.3319 of 2019(3) dt.26-09-2019 2/3 the police, seven named accused persons including the appellant and 20-25 unknown miscreants started assaulting by means of lathi and brickbat making several persons injured. Vinod Rai and Mukesh Rai took out gun from their house and Mukesh Rai resorted firing on the stomach of his father while Vinod Rai resorted firing on Gautam. Two other accused persons namely Chandu Sao and Manish Singh also resorted firing.

It is submitted by learned counsel for the appellant that that appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics. There is no allegation of resorting firing against the appellant. Other allegation levelled against the appellant is not specific rather general and omnibus in nature. Barring father of the informant and one Gautam Kumar, there is no other injured in the case. Appellant has no criminal antecedent and has been languishing in custody since 28.04.2019.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

Patna High Court CR. APP (SJ) No.3319 of 2019(3) dt.26-09-2019 3/3 sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-XIII cum Special Judge, SC/ST Act, Patna in connection with Bakhtiyarpur P.S. Case No. 350 of 2017.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T