Triloki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3646 of 2022 Arising Out of PS. Case No.-7 Year-2017 Thana- PIPRASI District- West Champaran ====================================================== TRILOKI YADAV Son of Late Chandradeo Yadav @ Late Jagdish Yadav R/v- Ghorahwa, P.O.- Muradih, P.S.- Piprasi, District- West Champaran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

NARSINGH BAITHA Son of Ram Kishun Baitha R/v- Ghorahwa, P.O.- Muradih, P.S.- Piprasi, District- West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 23.06.2022 passed by learned 1st Additional District and Sessions Judge-cum-Special Judge, (SC/ST), Bettiah, West Champaran in ABP No. 1479 of 2022 whereby the prayer for bail of the appellant in connection with Piprasi P.S. Case no. 07 of 2017 under Sections 341, 504, 506 IPC and Sections 3(i)(x) of (POA) Act was rejected.

As per allegation in the FIR, while an election of Vidyalaya Siksha Samiti was going on in a room, the appellant tried to create hurdle and on protest made by the informant, appellant abused by taking caste name of the informant. It is submitted by learned counsel for the appellant that

Patna High Court CR. APP (SJ) No.3646 of 2022(2) dt.17-11-2022 2/2 appellant has been falsely implicated in this case due to election dispute. There is no allegation of assault against the appellant. He has not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. He has got no criminal antecedent.

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 23.06.2022 passed in A.B.P. No. 1479 of 2022 is hereby set aside. The appellant is directed to be enlarged on bail in connection with Piprasi P.S. Case No. 07 of 2017 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 1st Additional District and Sessions Judge-cum-Special Judge (SC/ST), Bettiah, West Champaran.

(Sunil Kumar Panwar, J) sushma/- U