Vikram Yadav @ Bikram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4998 of 2019 Arising Out of PS. Case No.-109 Year-2017 Thana- GOVINDPUR District- Nawada ====================================================== Vikram Yadav @ Bikram Yadav, S/o Kesar Yadav, Resident of VillageBhawanpur, P.S.- Govindpur, District- Nawada. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Krishna Deo Raj For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-01-2020 This appeal has been filed for quashing of the order dated 30.09.2019 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Nawada, in connection with Govindpur P. S. Case No. 109 of 2017, disclosing offences under Sections 341, 342, 323 of the Indian Penal Code and Section 3(i)(x) of the SC/ST (Prevention of Atrocities) Act. As per F.I.R. the appellant has assaulted the informant and his son and also abused him by taking caste name. Submission of the learned counsel for the appellant is that there is no motive behind the occurrence. Moreover, there is nothing in the F.I.R. to show that the informant was assaulted or abused in public view. So far other sections of IPC are concerned, they are bailable in nature.
Heard learned Special P.P. also.
Patna High Court CR. APP (SJ) No.4998 of 2019(3) dt.06-01-2020 2/2 Having heard both sides, considering the above submissions, made above, this appeal is allowed. The impugned order dated 30.09.2019 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Nawada, is set aside. Let the appellant, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction learned Additional Sessions Judge-I-cum-Special Judge, Nawada, in connection with Govindpur P. S. Case No. 109 of 2017.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T