Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5390 of 2019 Arising Out of PS. Case No.-59 Year-2015 Thana- KHIJARSARAI District- Gaya ====================================================== SANJAY YADAV S/o Late Jogendra Yadav R/o village- Lodipur, P.S.- Khizersarai, District- Gaya ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vinod Kumar For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2021 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 of anticipatory bail vide order dated 30.09.2019 passed by learned Special Judge (SC/ST Act), Gaya in connection with Trial No.210/19, arising out of Khizersarai P.S. Case No. 59/19 registered under Sections 147, 149, 323, 379 & 504 of the Indian Penal Code and Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution case, in brief, is that the appellant along with other named accused persons entered into the house

Patna High Court CR. APP (SJ) No.5390 of 2019(4) dt.06-12-2021 2/3 of the informant, assaulted and slated by taking their caste name. Appellant is said to have assaulted his sister. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. Slating the informant in the name of caste is said to have been made at the house of the appellant and not in public view, hence no offence under SC/ST Act is made out against the appellant. The allegation of slating the informant levelled against the appellant is not specific rather general and omnibus in nature. Appellant has no criminal antecedent.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special

Patna High Court CR. APP (SJ) No.5390 of 2019(4) dt.06-12-2021 3/3 Judge (SC/ST Act), Gaya in connection with Tr. No.210/19, arising out of Khizersarai P.S. Case No.59/15, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) Trivedi/- U T