Patna High CourtCR. APP (SJ)/4696/2019bail granted

Rohit Yadav v. The State Of Bihar

2019-11-05Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4696 of 2019 Arising Out of PS. Case No.-6 Year-2014 Thana- SC/ST District- Banka ====================================================== ROHIT YADAV Sonof Chulay Yadav Resident of Tarapadhar, P.S.- Banka, Distt - Banka ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar Tiwary For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 05-11-2019 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 11.09.2019 passed by learned 1st Additional Sessions Judge, Banka in connection with Banka SC/ST P.S. Case No. 06 of 2014 registered under Sections 147, 341, 323, 448, 379, 504, 506 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Six named accused persons including the

Patna High Court CR. APP (SJ) No.4696 of 2019(2) dt.05-11-2019 2/3 appellant arrived at the door of the informant and co-accused Etwari Yadav demanded toddy and on refusal accused persons assaulted the informant. When his son rushed in his rescue, Etwari Yadav assaulted on his face by means of butt of the pistol. They also slated the informant. Etwari Yadav snatched Rs.2000/- from the pocket of the informant in course of retreat. 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 the case due to dirty village politics. The allegation levelled against the appellant is not specific rather general and omnibus in nature. None has sustained injury in the occurrence. Appellant has no criminal antecedent and has been languishing in custody since 07.09.2019.

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 1st Addl. Sessions Judge, Banka in connection with Banka SC/ST P.S. Case No.06/2014, corresponding to G.R.

Patna High Court CR. APP (SJ) No.4696 of 2019(2) dt.05-11-2019 3/3 No.263/2014.

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

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