Patna High CourtCR. APP (SJ)/5622/2023bail granted

Ramshwarup Yadav @ Sarup Yadav v. The State Of Bihar

2024-04-08Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5622 of 2023 Arising Out of PS. Case No.-692 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Ramshwarup Yadav @ Sarup Yadav Son Of Late Jagdeo Yadav Resident Of Village - Guriyawan, Tola - Siho, P.S. - Mohanpur, District - Gaya ... ... Appellant/s

Versus

The State Of Bihar 2.

Sibiya Devi Wife Of Narayan Chauhan Resident Of Village - Guriyawan, Tola - Siho, P.S. - Mohanpur, District - Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arvind Kumar Singh, Advocate For the Respondent/s :

Ms.Usha Kumari 1, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 18.10.2023 passed by learned Special Judge, S.C./S.T., Gaya whereby the prayer for bail of the appellant in connection with Barachatti (Mohanpur) P.S. Case no.692 of 2022 under Sections 341, 323, 379, 354, 307, 504 and 506/34 of the Indian Penal Code and Sections 3(1)(r)(s)(w), 3(2)(v-a) of SC/ST (POA) Act was rejected.

3. As per prosecution case, all the F.I.R. named accused persons including the appellant unanimously entered into the house of the informant in drunken condition and misbehaved and

Patna High Court CR. APP (SJ) No.5622 of 2023(3) dt.08-04-2024 2/3 bruttaly assaulted her. On hulla, when the son of the informant Dharmendra Chaudhary came to rescue, the accused persons including the appellant also assaulted to him and one Ravi Chaudhary and Jitendra Chaudhary due to which they have sustained injury. The accused persons also damaged the household articles of the informant and took away jewelleries and cash of Rs. 20,000/- from her house.

4. It is submitted by learned counsel for the appellant that appellant is innocent and has committed no offence. He has been falsely implicated in this case due to land dispute and dirty village politics. The F.I.R. has been lodged after the delay of 8 days without giving any plausible reason for the said delay. He has not taken the caste name of the informant in public view. Hence, no offence is made out under the provisions of the SC/ST Act against him. There is general and omnibus allegation against the appellant. The appellant has got no criminal antecedent and he is languishing in judicial custody since 26.09.2023.

5. The appeal for bail is opposed by learned Spl. P.P. for the State and learned counsel for the informant.

6. From perusal of the F.I.R., impugned order dated 18.10.2023, case diary along with injury report, it appears that on the basis of written report of the informant, F.I.R. registered against the five accused persons including the present appellant.

Patna High Court CR. APP (SJ) No.5622 of 2023(3) dt.08-04-2024 3/3 The allegation against the appellant is that he along with coaccused Lalo Yadav and Bindeshwar Yadave have assaulted Dharmendra Chaudhary and Ravi Chaudhary by lathi. On perusal of injury report of Dharmendra Chaudhary, it appears that total four injuries were found on the body but the same were not on vital part of the body. On perusal of injury report of Ravi Choudhary, it appears that nature of injury in simple in nature. There is no specific allegation of assault against this appellant. Considering the facts and circumstances of the case and the period of custody of the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 18.10.2023 is hereby set aside.

7. Let the appellant be 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 the learned Special Judge, SC/ST, Gaya in connection with Barachatti (Mohanpur) P.S. Case No.692 of 2022.

(Ramesh Chand Malviya, J) lata/- U T