Rishi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4437 of 2022 Arising Out of PS. Case No.-301 Year-2022 Thana- GOPALPUR District- Patna ====================================================== RISHI YADAV S/o Late Ganesh Yadav @ Ganesh Prasad R/o villageIlahibag, Akal Tola, P.S.- Gopalpur, Distt- Patna. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dr.Bhagirath Prasad Late-Karu Rajak Resident of Village- Yogipur, Hanuman Nagar, Kankarbagh,Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Kanchan Kumar Singh, Adv.

For the Respondent/s :

Mr. Binay Krishna, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-04-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This appeal has been preferred against the order dated 18.10.2022 passed by learned Exclusive Special Court, SC/ST Act, Patna in A.B.P. No. 5434 of 2022 arising out of Gopalpur P.S. Case No. 301 2022 registered under Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellant has been rejected.

Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the present case. Further submission is that earlier informant

Patna High Court CR. APP (SJ) No.4437 of 2022(3) dt.27-04-2023 2/2 alongwith his son assaulted the mother and aunts of the appellant due to which appellant had filed a case against the informant bearing Gopalpur P.S. Case No. 300 of 2022, as contained in Annexure-3 to the memo of appeal. It is also submitted that the appellant has got no criminal antecedent. Considering the aforesaid facts, let the appellant, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing personal bond to the satisfaction of Exclusive Special Court, SC/ST Act, Patna in connection with Gopalpur P.S. Case No. 301 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

(Arvind Srivastava, J) utkarsh/- U T