Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.132 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Suresh Yadav Son of Rambilsah Yadav Resident of Village - Gajadhar Bigha, P.S.- Aurangabad (Muffasil), Distt.- Aurangabad. 2.

Arun Yadav Son of Sruesh Yadav Resident of Village - Gajadhar Bigha, P.S.- Aurangabad (Muffasil), Distt.- Aurangabad.

3.

Arvind Yadav Son of Suresh Yadav Resident of Village - Gajadhar Bigha, P.S.- Aurangabad (Muffasil), Distt.- Aurangabad. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Geeta Paswan , S.I. Aurangabad, P.S.- Muffasil, Distt. Aurangabad. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Binod Kumar Pandey For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2022 Heard learned counsel for the appellants and learned Special P.P for the State.

The appellants have challenged the order dated 06.12.2021 passed by the learned Additional District & Sessions Judge-I-cum-Special Judge, SC/ST Act, Aurangabad in connection with Aurangabad (Mufassil) P.S. Case No. 286 of 2021 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 504 of the Indian Penal Code and

Patna High Court CR. APP (SJ) No.132 of 2022(2) dt.07-07-2022 2/3 Section 3(1)(r)(s) of the SC & ST (Prevention of Atrocities) Act, whereby their prayer for being released on anticipatory bail has been rejected.

The accusations are of making assault and abusing by calling caste name.

It is submitted by learned counsel for the appellants that appellants have falsely been implicated in this case. There is general and omnibus allegation against the appellants. There is no injury report on record. Moreover, the provisions under SC/ST Act would not be applicable in the case of the appellants. Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 06.12.2021 passed by the learned Additional District & Sessions Judge-I-cum-Special Judge, SC/ST Act, Aurangabad.

Accordingly, this appeal is allowed.

The appellants, above named are directed to be released on bail in the event of their arrest or surrender

Patna High Court CR. APP (SJ) No.132 of 2022(2) dt.07-07-2022 3/3 within a period of four weeks from today and on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-I-cum-Special Judge, SC/ST Act, Aurangabad in connection with Aurangabad (Muffasil) P.S. Case No. 286 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T