Patna High Court
Dinker Yadav vs The State Of Bihar on 4 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 3572 of 2021
Arising Out of PS. Case No.-60 Year-2021 Thana- FORBESGANJ District- Araria
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1. DINKER YADAV Son of Mahendra Yadav Resident of Village - Mahesh
Murhi, Ward no. -08, P.S. - Forbesganj, Dist. - Araria.
2. Dipak Yadav @ Dipesh Yadav Son of Mahendra Yadav Resident of Village -
Mahesh Murhi, Ward no. -08, P.S. - Forbesganj, Dist. - Araria.
3. Niraj Yadav @ Neeraj Yadav Son of Jeewachh Yadav Resident of Village -
Mahesh Murhi, Ward no. -08, P.S. - Forbesganj, Dist. - Araria.
4. Mithilesh Yadav @ Mithilesh Yadava Son of Jeewachh Yadav Resident of
Village - Mahesh Murhi, Ward no. -08, P.S. - Forbesganj, Dist. - Araria.
5. Santosh Yadav son of Late Shyam Lal Yadav Resident of Village - Mahesh
Murhi, Ward no. -08, P.S. - Forbesganj, Dist. - Araria.
6. Sushil Yadav Son of Late Shyam Lal Yadav Resident of Village - Mahesh
Murhi, Ward no. -08, P.S. - Forbesganj, Dist. - Araria.
7. Umesh Yadav Son of Jeetan Yadav Resident of Village - Mahesh Murhi,
Ward no. -08, P.S. - Forbesganj, Dist. - Araria.
8. Amarnath Yadav Son of Ashok Yadav Resident of Village - Mahesh Murhi,
Ward no. -08, P.S. - Forbesganj, Dist. - Araria.
9. Santosh Yadav Son of Yioganand Yadav Resident of Village - Mahesh
Murhi, Ward no. -08, P.S. - Forbesganj, Dist. - Araria.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Ramesh Kumar Singh, Advocate
For the Respondent/s : Ms Usha Kumari 1, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 04-10-2021
Heard learned counsel for the appellants as well as the
learned Special Public Prosecutor (for brevity, Special PP)
appearing for the State of Bihar.
Patna High Court CR. APP (SJ) No.3572 of 2021 dt.04-10-2021
2 The appellants have preferred the present Appeal
under Section 14 A of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) (for brevity, SC/ST Act) against the
refusal of their prayer for regular bail vide order dated 05.08.2021
passed by Additional Sessions Judge I -cum- Special Judge, Araria
in a case registered under Sections 147, 188, 341, 448, 323, 325,
307, 379 427, 420 of Indian Penal Code, Sections ¾ of Bihar
Medical Service Protection Act and Sections 3 (i) (r) (s) of SC/ST
Act in connection with Forbesganj Police Station (for brevity, PS)
Case No 60 of 2021 dated 24.01.2021 corresponding to Special
(SC/ST) Case No 7 of 2021.
3 The informant has alleged that one patient died in the
Hospital. Thereafter, the attendants, including 16 named persons
and 50 - 60 unknown, have ransacked the Hospital and indulged in
assault.
4 Learned counsel for the appellants submits that the
appellants are neither family members nor relative of the victim
who died in the course of treatment. The informant, realizing his
mistake, has filed a petition for compromise in the Court
concerned against the instant appellants, copy of the same is
Annexure 2 to the supplementary affidavit filed on behalf of the
Patna High Court CR. APP (SJ) No.3572 of 2021 dt.04-10-2021
appellants. It is further submitted that the appellants have clean
antecedent and are in custody since 05.08.2021.
5 Learned Special PP has opposed the prayer for bail.
6 In my opinion, in view of nature of accusation in the
First Information Report, and submission of parties, a case for
grant of regular bail is made out. The impugned order dated
05.08.2021 requires interference by this Court, which is,
accordingly, set aside.
7 This appeal is allowed. The impugned order dated
05.08.2021 passed by Additional Sessions Judge I -cum- Special
Judge, Araria in connection with Special (SC/ST) Case No 7 of
2021 arising out of Forbesganj PS Case No 60 of 2021 is set aside.
8 Let the appellants above named be released on bail on
each of them 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,
Araria in connection with Special (SC/ST) Case No 7 of 2021
arising out of Forbesganj PS Case No 60 of 2021 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 appellants. The bailor will also undertake to
Patna High Court CR. APP (SJ) No.3572 of 2021 dt.04-10-2021
inform the Court if there is any change in the address of the
appellants.
(2) That the appellants will be well represented on each
date and if they fail to do so on two consecutive dates, their bail
will be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.10.2021
Transmission Date 05.10.2021
