Patna High Court
Mangal Yadav vs The State Of Bihar on 12 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2051 of 2020
Arising Out of PS. Case No.-20 Year-2020 Thana- SC/ST District- Kaimur (Bhabua)
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1. Mangal Yadav S/o Shymlal Yadav Resident of Village - Ekauni, P.S. -
Chand, District Kaimur at Bhabua.
2. Jagat Yadav S/o Surendra Yadav Resident of Village - Ekauni, P.S. - Chand,
District Kaimur at Bhabua.
... ... Appellants
Versus
The State Of Bihar
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Tribhuwan Narayan, Adv.
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 12-03-2021
Heard learned counsel for the appellants and
learned Spl. P.P. for the State.
2. This appeal under Section 14A(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
(for short "the SC/ST Act") has been preferred by the appellants
challenging the order dated 06.06.2020 passed in A.B.P. No. 305
of 2020 in connection with Bhabua SC/ST P.S. Case No. 20 of
2020 registered for the offences punishable under Sections 341,
323, 279 and 504 of the Indian Penal Code and Sections 3(1)(r)
(s) and 3(2)(va) of the SC/ST Act by the learned 1 st Addl.
District & Sessions Judge-cum-Special Judge, Kaimur at
Bhabua whereby he has rejected the appellants' prayer for grant
Patna High Court CR. APP (SJ) No.2051 of 2020 dt.12-03-2021
of pre-arrest bail.
3. As per the prosecution case, while the informant's
wife was passing through a narrow street near her house, at
about 11 a.m., the accused persons, who were riding on their
motorcycle knocked his wife, as a result of which, she fell
down. When she objected, the accused persons abused her. On
protest by his son, they abused and assaulted him with lathi, as a
result of which, he sustained injury on his head.
4. Learned counsel for the appellants submitted that
the informant has in fact exaggerated the incident. He contended
that the appellants' bike skidded due to muddy water in the
street, as a result of which, informant's son received some
injury. He contended that the appellants have not assaulted any
member of the informant's family and no injury had been
caused to anyone. There is land dispute between the parties. He
urged that no offence under the SC/ST Act is made out against
the appellants. He further contended that the other co-accused,
namely, Shiva Yadav and Bihari Yadav having identical
allegations, have already been granted pre-arrest bail by a co-
ordinate Bench of this Court vide order dated 23.02.2021 passed
in Cr. Appeal (SJ) No. 1829 of 2020.
5. On the other hand, learned Spl. P.P. for the State
Patna High Court CR. APP (SJ) No.2051 of 2020 dt.12-03-2021
opposed the prayer for grant of pre-arrest bail to the appellants.
6. Considering the submissions made above and the
materials available on record, specially, because the other
co-accused persons having identical allegation have been
granted pre-arrest bail by a co-ordinate Bench of this Court, I
am inclined to allow this appeal. Accordingly, the impugned
order dated 6.06.2020 passed in A.B.P. No. 305 of 2020 by the
learned Addl. District & Sessions Judge-I-cum-Special Judge,
Kaimur at Bhabua is, hereby, set aside.
7. The appellants are directed to be released on bail,
in the event of their arrest or surrender, on furnishing bail bond
of Rs.10,000/- (Rupees ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Addl. District
& Sessions Judge-I-cum-Special Judge, Kaimur at Bhabua in
connection with Bhabua SC/ST P.S. Case No. 20 of 2020,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17-03-2021
Transmission Date 17-03-2021
