Umashankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3979 of 2022 Arising Out of PS. Case No.-347 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== Umashankar Yadav Son Of Charitar Yadav Resident Of Village- Gagan Khurd, P.S.- Rajauli, District- Nawada ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Kalabanti Devi Wife of Binod Choudhary Resident of Village- Murhena, P.S.- Rajauli, District- Nawada ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sheo Kumar Prasad For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 20.08.2022 passed by learned Exclusive Special Court, 347 of 2022 instituted for the offences punishable under Sections 147, 149, 341, 323, 354(B), 379, 504, 506, 34 of the Indian Penal Code and Sections 3(1)(r)(s) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on bail has been rejected. The accusations are of making assault and

Patna High Court CR. APP (SJ) No.3979 of 2022(3) dt.19-01-2023 2/3 abusing by calling caste name. It is alleged against the appellant that he fired in the air.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. For the alleged occurrence of 06.07.2022, the F.I.R was registered on 12.07.2022 without explaining the delay. There is land dispute between the parties. No one receive any injury. As per F.I.R, the occurrence did not take place in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellant. The appellant is languishing in custody since 01.08.2022.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 20.08.2022 passed by learned Exclusive Special Court, 347 of 2022.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be

Patna High Court CR. APP (SJ) No.3979 of 2022(3) dt.19-01-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, 347 of 2022.

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