Patna High CourtCR. APP (SJ)/3591/2019bail granted

Subodh Yadav @ Subodh Kumar v. The State Of Bihar

2019-08-28Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3591 of 2019 Arising Out of PS. Case No.-191 Year-2019 Thana- TEKARI District- Gaya ====================================================== Subodh Yadav @ Subodh Kumar Son of Ashok Yadav Resident of Village - Makhpa, P.S.- Tekari, Distt - Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Manish Kumar No2 For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 20.07.2019 passed by learned Exclusive Special Judge, SC/ST Act, Gaya in Tekari P.S. Case No. 191 of 2019 registered under Sections 342, 323, 354, 451 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Appellant intruded into the house of the informant

Patna High Court CR. APP (SJ) No.3591 of 2019(2) dt.28-08-2019 2/3 by scaling wall in the night entered into scuffle with the informant with bad intention, and on protest by the informant, he fled away snatching her locket and nose pin. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in this case merely due to dispute over drainage between the house of both the parties. Informant has not sustained injury in the occurrence. No offence under SC/ST Act is made out against the appellant. Appellant has no criminal antecedent.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Tekari P.S. Case No. 191 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and

Patna High Court CR. APP (SJ) No.3591 of 2019(2) dt.28-08-2019 3/3 appeal is allowed.

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