Manu Yadav @ Abhimanu Kumar @ Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4123 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- CHAORI District- Bhojpur ====================================================== Manu Yadav @ Abhimanu Kumar @ Abhimanyu Kumar Son of Late Jamindar Singh Resident of Village - Diliya, P.S. - Chauri, District - Bhojpur ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Mina Devi Wife of Aghanu Ram Resident of Village - Diliya, P.S. - Chauri, District - Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Raju Singh For the Informant :

Mr. Manoj Kr Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the appellant and learned counsel for the respondent no. 2 as well as learned Special Public Prosecutor for the State.

2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail vide order dated 19.07.2024 passed by the learned Special Judge, SC/ST (POA) Act cum Additional & Session Judge-I, Bhojpur at Ara in B.P. No. 2970 of 2024 arising out of Chauri P.S. Case No. 52 of 2024 dated 08.05.2024 registered for the offence/s punishable u/ss 302, 120B read with section 34 of the Indian Penal Code, section 27 of the Arms Act and sections 3 (2) (v) of

Patna High Court CR. APP (SJ) No.4123 of 2024(3) dt.06-02-2025 2/3 the SC/ST (POA) Act.

3. As per the prosecution case, when the informant and her husband were guarding the palm tree and mango tree, in the meantime, the petitioner and other co-accused persons came with a pistol and abused the informant's husband and assaulted him with fists and slaps. Thereafter, the co-accused Akhilesh Yadav fired on the informant's husband due to that he died.

4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence no case is made out under section SC/ST Act. There is general and omnibus allegation against the appellant. The specific allegation firing on the complainants's husband is against the co-accused Akhilesh Yadav. The appellant has no criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 25.05.2024.

5. Learned counsel for the respondent no. 2 as well as learned Spl. P.P. for the State has vehemently opposed the bail petition of the appellant by submitting that the petitioner is one

Patna High Court CR. APP (SJ) No.4123 of 2024(3) dt.06-02-2025 3/3 of the assailants and at the time of committing murder, he was present on the spot.

6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 19.07.2024 passed by the learned Special Judge, SC/ST (POA) Act cum Additional & Session Judge-I, Bhojpur at Ara in B.P. No. 2970 of 2024 arising out of Chauri P.S. Case No. 52 of 2024, is set aside against the appellant. The criminal appeal is allowed.

7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST (POA) Act cum Additional & Session Judge-I, Bhojpur at Ara in B.P. No. 2970 of 2024 arising out of Chauri P.S. Case No. 52 of 2024.

(Chandra Prakash Singh, J) guddukr/- U T