Ramu Yadav @ Rama Yadav @ Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4179 of 2019 Arising Out of PS. Case No.-1 Year-2017 Thana- SC/ST District- Araria ====================================================== RAMU YADAV @ RAMA YADAV @ RAM KUMAR Son of Late Dayanand Yadav Resident of Village- Belsara, P.S.- Raniganj, District- Araria. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bhaskar Shankar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-10-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 23.08.2019 passed by learned 1stAdditional Sessions Judge cum Special Judge SC/ST Act, Araria in connection with Special SC/ST Case No.11 of 2017, arising out of Araria (SC/ST) P.S. Case No.01 of 2017 registered under Sections 302, 307, 323, 324, 354 B, 379, 427, 448, 364, 504, 506, 341, 147, 148 & 149 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1) (r) (g) (s), (v), 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.4179 of 2019(3) dt.25-10-2019 2/3 Several accused persons named in the F.I.R. had gone for fishing in the pond of the informant and on protest they returned and on the next date 33 named accused persons including the appellant and 200-250 unknown miscreants variously armed assaulted the informant, her husband and others slating them in the name of caste and one Gabu Yadav resorted firing inflicting injury on the hand of Sharvan Rishideo. Husband of the informant succumbed to injury sustained in the said assault.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to land dispute. Partition Suit bearing Title Suit No.398 of 1970 is pending between the parties regarding the pond in question. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant does not happen to be assailant and has been languishing in custody since 20.08.2019. Similarly situated co-accused, namely, Surendra Prasad Yadav & Arvind Yadav @ Arvind Kumar have been enlarged on bail by coordinate Bench of this Court vide orders dated 25.07.2017 and 23.08.2017 passed in Cr. Appeal (SJ) Nos.1405 of 2017 and 2341 of 2017 respectively while one co-accused Mritunjay

Patna High Court CR. APP (SJ) No.4179 of 2019(3) dt.25-10-2019 3/3 Yadav @ Mrityunjay Yadav has been enlarged on regular bail by this Court vide order dated 26.09.2019 passed in Cr. Appeal (SJ) No.4030 of 2019.

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

In the facts and circumstances of the case, the above named appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1stAdditional Sessions Judge cum Special Judge SC/ST Act, Araria in connection with Special SC/ST Case No.11 of 2017, arising out of Araria SC/ST P.S. Case No.01 of 2017.

Accordingly, the impugned order is set aside and this appeal is allowed.

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