Patna High Court
Ajay Yadav vs The State Of Bihar on 15 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 2331 of 2021
Arising Out of PS. Case No.-77 Year-2020 Thana- KHUDAGANJ District- Nalanda
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AJAY YADAV Son of Rambhawan Yadav Resident of Village - Khudaganj,
P.S.- Khudaganj, District - Nalanda.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Anil Kumar No 1, Advocate
For the Respondent/s : Mr Sadanand Paswan, 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 (for brevity, SC/ST Act) against the
refusal of his prayer for regular bail vide order dated 21.02.2021
passed by Additional Sessions Judge I -cum- Special Judge, Bihar
Sharif, Nalanda in a case registered under Sections 302/34 of
Indian Penal Code and Sections 3 (i) (r) (s) of SC/ST Act in
Patna High Court CR. APP (SJ) No.2331 of 2021 dt.15-07-2021
connection with Khudaganj Police Station (for brevity, PS) Case
No 77 of 2020.
4 After the recovery of dead body of her husband from
the river, the informant has lodged the First Information Report
(for brevity, FIR) raising suspicion against the appellant, co-
accused Vijay Yadav and Sanjay Yadav of having killed her
husband. FIR narrates that earlier in the day, the husband of the
informant had an altercation with the instant appellant. In the
evening, he had left the house but did not return.
5 Learned counsel for the appellant submits that from
the prosecution case, it is evident that FIR is based merely on
suspicion. The other co-accused Vijay Yadav and Sanjay Yadav
have been allowed bail by the lower Court itself. Appellant has no
criminal antecedent and charge sheet has been submitted. He
continues to be in custody since 09.12.2020. Further submission is
that from the case diary also, no material has surfaced to draw any
distinction between the instant appellant and co-accused Vijay
Yadav and Sanjay Yadav who have already been allowed bail by
the lower Court itself.
6 Learned Special PP has opposed the prayer for bail.
He, however, is not in a position to dispute the submission of the
Patna High Court CR. APP (SJ) No.2331 of 2021 dt.15-07-2021
appellant's counsel that the case of the appellant is based on
priority with other co-accused persons.
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 21.02.2021 requires
interference by this Court, which is, accordingly, set aside.
8 This appeal is allowed. The impugned order dated
21.02.2021 passed by Additional Sessions Judge I -cum- Special
Judge, Biharsharif in connection with Khudaganj PS Case No 77
of 2020 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 I -cum- Special Judge, Biharsharif in
Khudaganj PS Case No 77 of 2020 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
inform the Court if there is any change in the address of the
appellant.
Patna High Court CR. APP (SJ) No.2331 of 2021 dt.15-07-2021
(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
