Patna High Court
Chotu Yadav vs The State Of Bihar on 26 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1324 of 2021
Arising Out of PS. Case No.-248 Year-2020 Thana- ARA NAGAR District- Bhojpur
======================================================
Chotu Yadav S/O Lambu Yadav Resident of Village/Mohalla - Bhaluhipur,
P.S. - Ara Nagar Thana (Town), District - Bhojpur.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr.Mukesh Kant, Advocate
For the State : Mr. Sadanand Paswan, Spl PP
For the Informant : Mr. Ravindra Kumar Rananuj, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 26-03-2021
Heard learned counsel for appellant, informant and
learned Spl. PP for the State.
2. Learned counsel for the appellant is expected to
honour his undertaking given in the instant case for depositing the
requisite court fee and to remove the defects as pointed out by
office when called upon to do so.
3. The appellant has preferred the present appeal under
Section 14A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act,1989 ( for short 'the Act') against
the refusal of prayer for regular bail vide order dated 18.09.2020
passed by learned Additional District and Sessions Judge 1st,
Bhojpur, Ara in SC/ST case No. 141 of 2020, arising out of Ara
Town PS Case No. 248 of 2020, registered under Sections
302,387,34 of the Indian Penal Code, Section 27 of the Arms Act
and Sections 3(2) of the SC/ST Act.
4. It is the prosecution case that the informant has
received information regarding his son being shot at. He has
Patna High Court CR. APP (SJ) No.1324 of 2021 dt.26-03-2021
rushed to the place where the son has allegedly disclosed the name
of seven persons and two unknown persons who is responsible for
the firing.
5. The learned counsel for the appellant submits that the
postmortem report (Annexure-2) shows the victim had sustained
nine gun shot injuries. The prosecution case to the extent that the
informant first received information thereafter came to the spot
and then was informed by the victim apparently appears to be
highly improbable, since the victim allegedly had suffered nine
gunshot injuries. The appellant has no concern with the
occurrence. His implication is based on extraneous consideration.
He has no criminal antecedents and he is in custody since
10.06.2020 upon his surrender in the Court which also indicates
bona fide of the petitioner.
6. The learned counsel for the informant as well as APP
for the State have opposed the prayer for bail. It is stated that the
appellant has been named as one out of nine persons who fired
upon the son of the informant.
7. Considering the rival submissions, this appeal is
allowed. The impugned order dated 18.09.2020 passed by learned
Additional District and Sessions Judge 1st, Bhojpur, Ara in SC/ST
case No. 141 of 2020, arising out of Ara Town PS Case No. 248
of 2020, is set aside. Let the appellant, above named, be released
on bail on furnishing bail bond of Rs. 10,000/-( Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional District and Sessions Judge 1st,
Bhojpur, Ara in SC/ST case No. 141 of 2020, arising out of Ara
Town PS Case No. 248 of 2020, subject to the following
conditions:-
Patna High Court CR. APP (SJ) No.1324 of 2021 dt.26-03-2021
(i) 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.
(ii) That the appellant will be well represented on each
date and if he fails to do so on two consecutive dates, his bail bond
will be liable to be cancelled.
(Madhuresh Prasad, J)
shyambihari/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 27.03.2021
Transmission Date 27.03.2021
