Patna High Court
Prakash Yadav vs The State Of Bihar on 7 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2709 of 2022
Arising Out of PS. Case No.-31 Year-2021 Thana- SC/ST District- Bhagalpur
======================================================
Subodh Yadav Son of Late Karu Yadav, Resident of Mohalla- Parbatti, P.S-
University, Dist- Bhagalpur.
... ... Appellant/s
Versus
1. The State of Bihar.
2. Urmila Devi Wife of Late Devi Mistri, R/v- Parbatti, Ward No. 13, P.S-
University Dist- Bhagalpur.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 3038 of 2022
Arising Out of PS. Case No.-31 Year-2021 Thana- SC/ST District- Bhagalpur
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Prakash Yadav Son of Late Karu Yadav, R/o Village- Parratti, Mahavir-Sthan,
Ward No.-13, P.S.- Vishwavidayalay, District- Bhagalpur.
... ... Appellant/s
Versus
1. The State of Bihar.
2. Urmila Devi Wife of Late Devi Mistri, R/o Village- Parbatti Ward No.13,
P.S.- Vishwavidayalay, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 2709 of 2022)
For the Appellant/s : Mr. Alok Kumar Choudhary, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl. PP.
(In CRIMINAL APPEAL (SJ) No. 3038 of 2022)
For the Appellant/s : Mr. Davendra Kumar Pandey, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl. PP.
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 07-12-2022
Let the defect(s), if any, be removed within two weeks
from today.
Heard learned counsel for the appellants and learned
Patna High Court CR. APP (SJ) No.2709 of 2022 dt.07-12-2022
Special Public Prosecutor for the State as well as learned
counsel for the informant.
The present appeal has been preferred under Section
14(A)(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 against the refusal of prayer
for bail vide order dated 02.07.2022 for the alleged offence
under Sections 147, 149, 341, 323, 324, 325, 307, 354, 427, 504
& 506 of I.P.C. read with Sections 3(i)(r)(s)/3(2)(v) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
As per prosecution case, the allegation has been made
against 9 accused persons who belong to same family that they
all in furtherance of common intention to kill the informant
party and her family members abuses and attacked and have
broken the wall and put their cow as well as tried to construct a
hut, upon oppose by the grand-daughter of informant this
occurrence took place, in which general and omnibus allegation
has been made for assault without making any specific one.
They have also threaten to make out different cases, due to
which they shall continue in jail.
Learned counsel for the appellants submits that the
present dispute is result of a land dispute and not due to criminal
Patna High Court CR. APP (SJ) No.2709 of 2022 dt.07-12-2022
intent. He further submits that by the content of F.I.R. itself, it
transpires that a case has been filed before the DCLR and the
matter is pending before the Court. He also submits that the
appellant of Cr. Appeal (SJ) No. 2709 of 2022 is in custody
since 02.04.2022, charge sheet has already been filed in this
case and there is one case pending against him, in which he is
on bail. He further submits that for the same date and place of
occurrence there is case and counter case from both the sides.
Learned counsel for the appellant of Cr. Appeal (SJ)
No. 3038 of 2022 submits that appellant is in custody since
14.02.2022, charge sheet has already been filed in this case and
there is one case pending against him, in which he is on bail.
Learned Special Public Prosecutor opposes the prayer
for bail.
Learned counsel for the informant/victim
categorically opposes the prayer for bail and submits that the
accused persons are muscleman and there is a continuous threat
from their side to commit more crime and to remove from the
place. He further submits that if bail shall be granted to the
appellants, then the pressure shall be created from the accused
either for not to pursue and, therefore, bail may be rejected.
In response thereof, learned counsel for the appellants
Patna High Court CR. APP (SJ) No.2709 of 2022 dt.07-12-2022
submits that appellants are ready to fulfill all the conditions
whatsoever shall be imposed upon them and they are ready to
file an affidavit that there shall be no threat from their side upon
the life of informant and his family in future.
In the present facts and circumstances of this case and
the submissions made above, let the appellants above named, be
granted bail on furnishing bail bonds of Rs.30,000/- (Rupees
Thirty thousand) each with two sureties of the like amount each
to the satisfaction of learned 3rd Additional Sessions Judge-cum-
Special Judge, SC/ST Act, Bhagalpur in connection with S.T.
No.299 of 2022 arising out of Bhagalpur SC/ST P.S. Case No.
31 of 2021, subject to the conditions as laid down under Section
437(3) of Cr.P.C.
Both the appellants shall file a separate affidavit that
initiation of criminal act shall not take place from their part in
future.
Accordingly, the impugned order dated 02.07.2022
passed by learned 3rd Additional Sessions Judge-cum-Special
Judge, SC/ST Act, Bhagalpur in connection with S.T. No.299 of
2022 arising out of Bhagalpur SC/ST P.S. Case No. 31 of 2021
lodged under Sections 147, 149, 341, 323, 324, 325, 307, 354,
427, 504 & 506 of I.P.C. read with Sections 3(i)(r)(s)/3(2)(v) of
Patna High Court CR. APP (SJ) No.2709 of 2022 dt.07-12-2022
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is set-aside and the present Cr. Appeal (SJ)
stands allowed.
(Dr. Anshuman, J.)
ritik/-
AFR/NAFR
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