Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5672 of 2023 Arising Out of PS. Case No.-328 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Vinod Yadav Son Of Gopal Yadav Resident Of Village- Bhusunda, PsMuffasil, Distt- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ajay Kumar Chaudhary Son Of Late Badho Chaudhary D Resident Of Village- Bhusunda, Ps- Muffasil, Distt- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vinod Kumar, Adv.

For the Respondent/s :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2024 Despite valid service of notice, no one appears on behalf of the respondent no. 2.

2. Heard the parties.

3. This appeal has been filed against the order dated 03.10.2023 passed by learned Special Judge SC/ST Special Court, Gaya in connection with A.B.P. No. 304 of 2023 arising out of Muffasil P.S. Case No. 328 of 2022, registered under Sections 147, 148, 149, 307, 323, 337, 448, 354, 504 and 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)(s) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.

4. As per prosecution case, the appellant is alleged to be order giver and abused the informant by his caste name.

5. Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the

Patna High Court CR. APP (SJ) No.5672 of 2023(4) dt.02-05-2024 2/2 present case due to political rivalry and previous enmity. Petitioner is not alleged to have participated in the occurrence. F.I.R. does not reveal that the alleged incident took place within the public view, as such, no offence under SC/ST Act is made out. Appellant is a man of clean antecedent.

6. Learned Spl. Public Prosecutor for State opposes the bail application.

7. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge SC/ST Special Court, Gaya in connection with A.B.P. No. 304 of 2023 arising out of Muffasil P.S. Case No. 328 of 2022.

8. Accordingly, the impugned order dated 03.10.2023 is set aside and this criminal appeal is allowed. (Prabhat Kumar Singh, J) utkarsh/- U T