Dharmendra Yadav vs The State Of Bihar on 18 December, 2020

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Patna High Court - Orders

Dharmendra Yadav vs The State Of Bihar on 18 December, 2020

Bench: Prabhat Kumar Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1902 of 2020
                       Arising Out of PS. Case No.-14 Year-2020 Thana- SC/ST District- Sheikhpura
                 ======================================================
           1.     DHARMENDRA YADAV Son of Yadunandan Yadav
           2.    Arun Yadav Son of Yadunandan Yadav
           3.    Gautam Yadav Son of Ramratan Yadav
           4.    Uttam Yadav Son of Ramratan Yadav
           5.    Yadunandan Yadav son of Kesho Yadav,
                         All are resident of Village-Mandana, P.S.-Sheikhpura (Hathiyama
                 O.P.), District-Sheikhpura.

                                                                                    ... ... Appellant/s
                                                        Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :         Mr. Bipin Kumar
                 For the Respondent/s    :         Mr. Sadanand Paswan, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-12-2020

Heard learned counsel for the appellants and learned Special P.P. for the State through video conferencing.

The present appeal has been filed against the order dated 20.08.2020 passed by 1st Additional District and Sessions Judge, Sheikhpura, in ABP No. 259 of 2020 corresponding to Sheikhpura SC/ST PS Case No. 29/2020 arising out of SC/ST PS Case No. 14/2020 registered for the offences punishable under Sections 147/149/341/323/337/504/506 of the Indian Penal Code and Section 3(i)(r)(s) 3(2)(va) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants was rejected.

Patna High Court CR. APP (SJ) No.1902 of 2020(2) dt.18-12-2020 2/3 As per the prosecution case, on 26.04.2020, niece of the informant who is posted in Jiveeka went to the appellants for preparation of ration card then appellants abused her by calling her caste name and when the husband of the informant came, he was also assaulted with brick and stone as a result of which he sustained injury.

It is submitted that the present case is a counter blast of Sheikhpura (Hathiyama O.P.) P.S. Case No. 153/2020. It is further submitted that there is general and omnibus allegations against these appellants and they have clean antecedents.

Considering the aforesaid facts and circumstances as well as nature of allegation, the impugned order dated 20.08.2020 passed by learned 1st Additional District and Sessions Judge, Sheikhpura in Sheikhpura SC/ST PS Case No. 29 of 2020 arising out of SC/ST PS Case No. 14/2020 is set aside and appeal is allowed.

Accordingly, let the appellants, above named, in the event of arrest or surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged 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 learned 1st Additional District and Sessions Patna High Court CR. APP (SJ) No.1902 of 2020(2) dt.18-12-2020 3/3 Judge, Sheikhpura in connection with Sheikhpura SC/ST PS Case No. 29 of 2020 arising out of SC/ST PS Case No. 14/2020.

(Prabhat Kumar Singh, J) Saif/-

U        T

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Patna High Court - Orders