Patna High Court
Mithun Yadav @ Vikki Yadav vs The State Of Bihar on 31 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1686 of 2021
Arising Out of PS. Case No.-260 Year-2020 Thana- SHAHKUND District-
Bhagalpur
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MITHUN YADAV @ VIKKI YADAV Son of Chulhai Yadav Resident of
Village- Kasba Kherhi, P.S.- Shahkund, District- Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Diwakar Upadhyaya, Advocate
For the Respondent/s : Ms Usha Kumari 1, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 31-05-2021
This case has been listed today for consideration
through Video Conferencing.
2 At the very outset, this court considers it
necessary to take note of submission of the appellant's counsel
that there is an inadvertent typographical error in paragraph 1
of this Memo of Appeal wherein Section 354 of Indian Penal
Code (for brevity, IPC) has been mentioned due to
inadvertence in place of Section 504 of IPC.
3 Heard learned counsel for the appellant and the
learned Special PP for the State.
4 The appellant has preferred the present Appeal
under Section 14 - A (2) of Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.1686 of 2021 dt.31-05-2021
Tribes (Prevention of Atrocities) Act, 1989 (for brevity, SC/ST
Act) against the refusal of his prayer for regular bail vide order
dated 05.01.2021 passed by Additional Sessions Judge III
-cum- Special Judge, SC/ST Act, Bhagalpur in a case
registered under Sections 341, 323, 504, 506, 353 of IPC and
Sections 3 (i) (r) (s) of SC/ST Act in connection with
Shahkund Police Station (for brevity, PS) Case No 260 of 2020
(GR No 198 of 2020).
5 It is alleged that the informant had earlier been
instrumental in having a raid conducted against the appellant.
Being infuriated, the appellant assaulted the informant and
abused him by caste name and, therefore, the instant case has
been lodged.
6 Appellant's counsel submits that the implication is
false. The appellant has been in custody since 17.11.2020.
The appellant is accused in two more cases in which he is on
bail and there is no allegation of misusing the privilege of bail.
7 Learned Special PP for the State has opposed the
prayer for bail.
8 In my opinion, in view of nature of accusation in
the FIR, a case for grant of regular bail is made out. The
impugned order dated 05.01.2021 requires interference by this
Court, which is, accordingly, set aside.
9 Considering the rival submissions, this appeal is
allowed. The impugned order dated 05.01.2021 passed by
Additional Sessions Judge III -cum- Special Judge, SC/ST Act,
Bhagalpur in connection with Shahkund PS Case No 260 of
2020 (GR No 198 of 2020) is set aside.
10 Let the appellant above named be released on
bail on his furnishing bonds of Rs 10,000/- (Rupees Ten
Patna High Court CR. APP (SJ) No.1686 of 2021 dt.31-05-2021
Thousand) with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge III -cum- Special
Judge, SC/ST Act, Bhagalpur in Shahkund PS Case No 260 of
2020 (GR No 198 of 2020) subject to the following conditions:
(1) That one of the bailors will be a close relative of
the appellants 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.
(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 03.06.2021
Transmission Date 03.06.2021
