Pulendra Yadav @ Dineshlal Yadav @ Fulendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.933 of 2021 Arising Out of PS. Case No.-134 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== Pulendra Yadav @ Dineshlal Yadav @ Fulendra Yadav S/O Late Satto Yadav R/O Village- Mahinathnagar, P.S.- Beldaur, Dist- Khagaria ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Viveka Nandsingh, Adv.

For the Respondent/s :

Mrs. Usha Kumari, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2021 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of bail vide order dated 04.12.2020 passed by learned Additional Sessions Judge 1st Khagaria in connection with Beldaur P.S. Case No. 134 of 2020 registered under Sections 341, 323, 325, 436, 504/34 of the Indian Penal Code and Sections 3 (i) (R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellant and others is that they are said to have assaulted the informant and his uncle due to which uncle of the informant sustained fractured injuries on his

Patna High Court CR. APP (SJ) No.933 of 2021(3) dt.05-04-2021 2/2 both hands and legs. They also set fire in the house. It is submitted by learned counsel for the appellant that appellant is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the appellant. He submits that there is admitted land dispute between the parties. There is case and counter case between the parties. He further submits that appellant is languishing in judicial custody since 12.10.2020. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant, be enlarged on bail after framing of charge on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st Khagaria in connection with Beldaur P.S. Case No. 134 of 2020.

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

devendra/- (Anjani Kumar Sharan, J) U T