Lakhan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5516 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- BARHAT District- Jamui ====================================================== 1.
LAKHAN YADAV Son of Late Arjun Yadav Resident of Village - Sugwa Mahua, Tola - Bhandra, P.S.- Barhat, Distt - Jamui. 2.
Sakindra Yadav @ Satan Yadav Son of Late Arjun Yadav Resident of Village - Sugwa Mahua, Tola - Bhandra, P.S.- Barhat, Distt - Jamui. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Jogendra Kumar For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-01-2020 Heard learned counsel for the appellants and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 22.11.2019 passed by learned 1st Addl. Sessions Judge, Jamui in connection with Barhat P.S. Case No. 28 of 2019, registered under Sections 147, 148, 149, 341, 323, 504 and 307 of the Indian Penal Code and Section 3(1)(v) of the SC/ST Act. Accusation is that in the evening of 25.03.2019 the informant was at his door, at that time, a tempo of Pramod Yadav reached there on which both appellants along with Sobhi Yadav, Garbhu Yadav, Manoj Yadav, Bhutak Yadav and Lalbabu
Patna High Court CR. APP (SJ) No.5516 of 2019(2) dt.06-01-2020 2/2 Yadav were present. At that time, Lakhan Yadav (Appellant No.1) started to abuse him denoting his caste and also asked to pull him at his door. Thereafter, Nageshwar Ravidas took him from there and appellant No.1 caused injury at his head through iron rod and others also caused injury to him. Learned counsel appearing on behalf of appellants submits that appellants Lakhan Yadav and Sakindra Yadav @ Satan Yadav are in custody since 23.10.2019 and 24.10.2019, respectively. The appellants have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named appellants, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge, Jamui in connection with Barhat P.S. Case No. 28 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and appeal is allowed.
(Rajendra Kumar Mishra, J) manish/- U T