Patna High Court
Abhay Kumar Yadav vs The State Of Bihar on 15 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 2341 of 2021
Arising Out of PS. Case No.-826 Year-2020 Thana- MADHEPURA District- Madhepura
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ABHAY KUMAR YADAV Son of Late Yogendra Prasad Yadav Resident of
Village - Maruwaha, P.S.- Madhepura (Bharrahi O.P.), District - Madhepura.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Gopal Kumar Jha, Advocate
For the Respondent/s : Ms Usha Kumari 1, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 15-07-2021
This case has been listed today for consideration through
Video Conferencing.
2 Heard learned counsel for the appellant and the
learned Special Public Prosecutor (Special PP) for the State.
3 The appellant has preferred the present Appeal under
Section 14 - A (2) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for brevity, SC/ST Act)
against the refusal of his prayer for regular bail vide order dated
01.03.2021 passed in BP No 68 of 2021 by Additional Sessions
Judge V, Madhepura in a case registered under Section 302 of
Indian Penal Code and Sections 3 (2) (V) (Va) of SC/ST Act in
connection with Madhepura Police Station (for brevity, PS) Case
Patna High Court CR. APP (SJ) No.2341 of 2021 dt.15-07-2021
No 826 of 2020 corresponding to Special SC/ST Case No 8 of
2021.
4 The informant's case is that the instant appellant had
come to his house and his father accompanied him on his
motorcycle to withdraw cash from the Bank. Rs 10,000/- has been
withdrawn and, thereafter, it is alleged that the appellant has
intoxicated his father and brutally assaulted him and thrown him
from the motorcycle near the Mosque. The father was taken for
treatment and while under treatment, he died on 29.10.2020.
5 It is submitted by the appellant's counsel that as per
prosecution case, the victim was alive for two days after the
alleged occurrence. Till then, his statement has not been recorded.
The First Information Report (for brevity, FIR) itself shows that
the deceased had voluntarily accompanied the instant appellant
and there was no coercion. Informant is not an eye witness to the
occurrence and based on suspicion, the instant appellant has been
implicated. There is delay in lodging the FIR, which has been
lodged on 30.10.2020 though the alleged occurrence has taken
place on 27.10.2020. The appellant bears a clean past and he is in
custody since 01.01.2021.
6 Learned Special PP has opposed the prayer for bail. It
is submitted that it is the appellant who had taken away the
Patna High Court CR. APP (SJ) No.2341 of 2021 dt.15-07-2021
informant's father on his motorcycle. Thereafter, he has been
found injured leading to his death.
7 In my opinion, in view of nature of accusation in the
FIR, and submission of parties, a case for grant of regular bail is
made out. The impugned order dated 01.03.2021 passed in BP No
68 of 2021 requires interference by this Court, which is,
accordingly, set aside.
8 This appeal is allowed. The impugned order dated
01.03.2021 passed in BP No 68 of 2021 by Additional Sessions
Judge V, Madhepura in connection with Madhepura PS Case No
826 of 2020 corresponding to Special SC/ST Case No 8 of 2021 is
set aside.
9 Let the appellant above named be released on bail on
his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
Additional Sessions Judge V, Madhepura in Madhepura PS Case
No 826 of 2020 corresponding to Special SC/ST Case No 8 of
2021 subject to the following conditions:
(1) That one of the bailors will be a close relative of the
appellant who will give an affidavit giving genealogy as to how he
is related with the appellant. The bailor will also undertake to
Patna High Court CR. APP (SJ) No.2341 of 2021 dt.15-07-2021
inform the Court if there is any change in the address of the
appellant.
(2) That the appellant will be well represented on each
date and if he fails to do so on two consecutive dates, his bail will
be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.07.2021
Transmission Date 17.07.2021
