Chhotu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3925 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- BANDEYA District- Aurangabad ====================================================== CHHOTU YADAV S/o- RAJ NANDAN PRASAD Village- Sosuna Near Primary School Ps- Bandeya Dist- Aurangabad ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Poonam Devi wife of Deepak Paswan Village- Sosuna Ps- Bandeya DistAurangabad ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Priya Ranjan, Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 Despite valid service of notice , nobody appears on behalf of respondent No. 2. Heard learned counsel for the appellant and State .
2. This appeal has been filed for setting aside order dated 07.06.2023 passed in a case registered for the offence punishable under sections 147, 149, 341, 323, 324, 298 , 504 and 506 and other allied sections of the Indian Penal Code and sections 3(i)(r)(s)(f)/3(2)(v)(a), 3 (a) (b) of the Scheduled Castes
Patna High Court CR. APP (SJ) No.3925 of 2023(3) dt.22-08-2024 2/3 and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for anticipatory bail of the appellant has been rejected.
3 . As per F.I.R., allegation against this appellant is of abusing the informant by caste name and also to assault him by means of Spatula .
4. It is submitted that allegation of assault is general and omnibus against the appellant against this appellant. It is not the case of te informant that any member of public was present at the time of incidence , as such, no case under SC/ST Act is made out. Injury allegedly caused by this appellant is simple in nature . Case and counter case . Appellant claims clean antecedent.
5 . Learned Spl. PP for the State opposed the prayer for bail.
6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and
Patna High Court CR. APP (SJ) No.3925 of 2023(3) dt.22-08-2024 3/3 Sessions Judge 1st , Aurangabad - cum - Special Judge, SC/St Aurangabad in connection with Bandeya Police Station Case No. 32 of 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T