Aditya Narayan Yadav @ Aditya Yadav @ Aditya Narayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4261 of 2023 Arising Out of PS. Case No.-243 Year-2022 Thana- RANIYATALAB District- Patna ====================================================== ADITYA NARAYAN YADAV @ ADITYA YADAV @ ADITYA NARAYAN SON OF SANJEEV YADAV @ PATEL YADAV RESIDENT OF VILLAGE AND PO- PATUT, PS -RANI TALAB, DISTRICT- PATNA ... ... Appellant/s

Versus

1.

The State of Bihar 2.

RAJU KUMAR SON OF RAMADHAR MOCHI RESIDENT OF VILLAGE AND PO- PATUT, PS -RANI TALAB, DISTRICT- PATNA ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Siddharth Harsh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 22.08.2023 passed by learned Exclusive Special Court (SC/ST Act), Patna, whereby the prayer for bail of the appellant in connection with Rani Talab P.S. Case No. 243 of 2022 under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w) and 3(2)(va) of the SC/ST Act was rejected.

Patna High Court CR. APP (SJ) No.4261 of 2023(4) dt.04-01-2024 2/3

3. The allegation against the appellant along with others is of assaulting the informant by means of pistol butt and iron rod, due to which he sustained injury.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. There is general and omnibus allegation against the appellant rather no specific allegation against him. There has been delay of six days in lodging the F.I.R. On the basis of suspicion and due to his criminal antecedents, appellant has been implicated in the present case. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. The appellant has no intention to disgrace the image of the informant in public view. He is languishing in judicial custody since 10.04.2023.

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

6. Having heard learned counsel for the parties and taking into consideration, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 22.08.2023 arising out of Rani Talab P.S. Case No. 243 of 2022 is hereby set aside.

7. The appellant is directed to be enlarged on bail in

Patna High Court CR. APP (SJ) No.4261 of 2023(4) dt.04-01-2024 3/3 connection with Rani Talab P.S. Case No. 243 of 2022 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 Exclusive Special Judge (SC/ST Act), Patna. (Sunil Kumar Panwar, J) Arish/- U T