Ramashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4630 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- DELHA District- Gaya ====================================================== Ramashish Yadav Son of Late Mohan Yadav Resident of Village- Atiyan, Police Station- Magadh University Bodh- Gaya, District- Gaya. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Manish Kumar No2 For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-03-2022 Heard learned counsel for the appellant, informant and learned Special Public Prosecutor.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 13.09.2021, passed by learned Exclusive Special Judge (SC/ST Act), Gaya in connection with Delha P.S. Case No. 83 of 2021, registered under Sections 406 and 420 of the IPC and Sections 3(i) (s) (r) and 3 (2) (va) of SC/ST Act.

It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that just after receiving information about institution of FIR, appellant has deposited the entire amount of Rs. 2 lakh in favour of the informant in Najarat. He submits

Patna High Court CR. APP (SJ) No.4630 of 2021(2) dt.10-03-2022 2/2 that no case under SC/ST Act is made out against the appellant. He further submits that appellant has one criminal antecedent as stated in para-3 of this appeal and he is languishing in judicial custody since 25.08.2021.

Learned Spl. PP for the State and informant oppose the prayer for bail and fairly submit that the appellant has already deposited Rs. 2 lakh in the Najarat.

Considering the facts and circumstances of the case, the above named appellant, be enlarged 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 the learned Exclusive Special Judge (SC/ST Act), Gaya in connection with Delha P.S. Case No. 83 of 2021.

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

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