Devendra Prasad Yadav @ Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3410 of 2022 Arising Out of PS. Case No.-207 Year-2018 Thana- LAUKAHI District- Madhubani ====================================================== Devendra Prasad Yadav @ Devendra Yadav Son Of Ram Kumar Yadav Resident of Village- Balua, P.S.- Laukahi, District- Madhubani ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Kesar Kamer Chaudhary Son Of Shyam Kumar Chaudhary Resident of Village- Mansapur, P.S.- Laukahi, District- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ravi Prakash For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. The instant appeal has been filed by the appellant against the order dated 29.07.2022 passed by learned Additional Sessions Judge cum Special Judge, Madhubani in ABP No. 1019 of 2022 whereby the prayer for bail of the appellant in connection with Laukahi P.S. Case no. 207 of 2018 under Sections 341, 323, 379, 504, 506, 34 of the Indian Penal Code and sections 3(i)(r)(s), 3(2)(va) of SC/ST Act was rejected.

Allegations against the appellant are of abusing by taking the caste name of the informant and assaulting him.

Patna High Court CR. APP (SJ) No.3410 of 2022(2) dt.10-11-2022 2/3 It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this present case due to previous dispute and dirty village politics. He has not taken the caste name of the informant in public view. He has got no criminal antecedent. There is no offence is made out under the provisions of the SC/ST Act against him. The appellant has no intention to insult the informant in public view.

The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 29.07.2022 passed in A.B.P. No 1019 of 2022 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with Laukahi P.S. Case No. 207 of 2018 in the event of arrest or surrender before the court below within a period of four weeks on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions

Patna High Court CR. APP (SJ) No.3410 of 2022(2) dt.10-11-2022 3/3 Judge Cum Special Judge, Madhubani.

(Sunil Kumar Panwar, J) amandeep/- U T