Sharad Yadav @ Sharad Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4447 of 2024 Arising Out of PS. Case No.-116 Year-2024 Thana- JAMALPUR District- Munger ====================================================== Sharad Yadav @ Sharad Prakash Son of Ravindra Yadav @ Rabindra Prasad Yadav Resident of Mohalla - Laxmanpur, Jagdishpur, P.S. - Jamalpur, District - Munger ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
Savita Devi Wife of Raj Kumar Paswan Resident of Mohalla - Laxmanpur, Ward No.36, P.S. - Jamalpur, District - Munger ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Shashi Saurabh, Adv.
For the Respondent/s :
Ms.Usha Kumari 1, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2025 Heard learned counsel for the appellant, learned counsel for the informant and learned Spl. P.P. 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 of bail of the appellant vide order dated 01.08.2024 passed by the learned Special Judge, (SC/STAct)-cum-A.D.J.-I, Munger in connection with Jamalpur P.S. Case No. 116 of 2024 dated 11.06.2024 registered for the alleged offences punishable under Sections 147, 149, 341, 323, 307, 504, 506, 354B of the Indian Penal Code, Sections 3(i)(r)(s)/ 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act and Section 27 of the Arms Act.
3. As per prosecution case, on 10.06.2024, when the
Patna High Court CR. APP (SJ) No.4447 of 2024(3) dt.20-02-2025 2/3 informant's son Gaurav Kumar objected the co-accused, Aditya Kumar for driving motorcycle with high speed then the appellant and the co-accused persons armed with fire-arms came there and they fired 8-10 rounds with the intention to kill the informant and her son. However, both of them were luckily saved. Thereafter, the accused persons brutally assaulted the informant. The accused persons also tore her blouse and threw her on the ground by catching hold of her hair with bad intention. The accused persons also abused her by calling her caste name. Thereafter, the accused persons threatened her if she would lodge any case they would kill her.
4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. There is general and omnibus allegation of abusing against the appellant. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the appellant. There is a case and counter case between the parties. Learned counsel has further submitted that the accused persons fired 8-10 rounds but no one sustained any firearms injury. As per injury report of the injured, the injury is simple in nature. The appellant has no concern with the alleged
Patna High Court CR. APP (SJ) No.4447 of 2024(3) dt.20-02-2025 3/3 offence. The appellant is in custody since 30.07.2024. The appellant has two criminal antecedents in which he is accquitted in one case as stated in para 3 of the bail petition.
5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent no. 2 have opposed the prayer for bail of the appellant.
6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contenion of the learned counel for the appellant, the impugned order dated 01.08.2024 passed by the learned Special Judge, (SC/STAct)- cum-A.D.J.-I, Munger in connection with Jamalpur P.S. Case No. 116 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/STAct)-cum-A.D.J.-I, Munger in connection with Jamalpur P.S. Case No. 116 of 2024.
(Chandra Prakash Singh, J) Gautam/- U T