Niraj Yadav vs The State Of Bihar
2022 Latest Caselaw 5435 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.1018 of 2022
       Arising Out of PS. Case No.-100 Year-2021 Thana- BHAGALPUR KOTWALI District-
                                            Bhagalpur
     ======================================================

Niraj Yadav Son of Bilash Yadav Resident of Mohalla - Bari Khanjarpur, P.S.- Barari, District - Bhagalpur.

... ... Appellant/s Versus

1. The State of Bihar

2. Deepak Kumar son of Pago Das R/o Bari khanjarpur, P.O.- Khanjarpur, P.S.-

Barari, Distt- Bhagalpur

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Indeshwari Prasad Mandal, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 22-12-2022

Service report sent through ordinary process shows

the mother of the informant received the notice.

Learned Spl.PP also submits that the informant was

intimated through Senior Superintendent of Police, Bhagalpur

about the proceeding taking place in this Court but none is

present on behalf of the informant/respondent no.2.

Heard learned counsel for the appellant and learned

Spl.PP for the State.

Let the defect (s), if any, as pointed out by the office,

be removed within a period of four weeks.

This is an appeal under Section 14(A)(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Patna High Court CR. APP (SJ) No.1018 of 2022 dt.22-12-2022

Atrocities) Act, 1989 against the refusal of prayer for bail by

order dated 14.02.2022 passed by learned Additional Sessions

Judge-III-cum-Special Judge (SC/ST) Act, Bhagalpur in

connection with Special SC/ST Case No. 17 of 2021 arising out

of Kotwali (Barari) P.S. Case No. 100 of 2021 registered for the

alleged offences under Sections 147, 148, 149, 341, 323, 307

and 504 of the Indian Penal Code and Sections 3 (1)(r)(s)(v) of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act.

As per the prosecution case, the appellant and other

co-accused persons hurled caste abuses against the informant

and when he oppose, the petitioner stabbed him with his knife

in his chest and abdomen. The informant felt unconscious and

he was taken to the hospital.

Learned counsel for the appellant submits that the

appellant is innocent and has been falsely implicated in this

case. No occurrence as alleged has ever taken place. The

occurrence took place on 07.02.2021 and the FIR has been

registered on 11.02.2021 and there is no explanation for this

inordinate delay. As there was no intention to murder, there

would be no application of Section 307 IPC against the

appellant. The allegation of hurling caste abuse is ornamental. Patna High Court CR. APP (SJ) No.1018 of 2022 dt.22-12-2022

The appellant is in custody since 02.11.2021 and charge-sheet

has been submitted.

Learned Spl.PP opposes the submission made on

behalf of the appellant submitting that there is specific

allegation against this appellant that he gave knife blows to the

informant in his chest and abdomen. The appellant is having

criminal antecedent.

Having regard to the facts and circumstances and

considering the submission made on behalf of the parties and

considering the period of custody of the petitioner along with

the submission of charge sheet against this appellant, he

directed to be released on bail on furnishing bail bond of Rs.

20,000/- (twenty thousand) with two sureties of the like amount

each to the satisfaction of learned Additional Sessions Judge-

III-cum-Special Judge (SC/ST) Act, Bhagalpur in connection

with Special SC/ST Case No. 17 of 2021 arising out of Kotwali

(Barari) P.S. Case No. 100 of 2021, subject to the conditions

mentioned in Section 437(3) of the Cr.P.C. and the following

conditions:

(i) One of the bailors will be a close relative of the

appellant.

(ii) The appellant will remain present on each and Patna High Court CR. APP (SJ) No.1018 of 2022 dt.22-12-2022

every date fixed by the court below.

(iii) In case of absence on three consecutive dates or

in violation of the terms of the bail, the bail bond of

the appellant will be liable to be cancelled by the

court concerned.

Accordingly, the impugned order is set aside and the

appeal is allowed.

(Arun Kumar Jha, J) Rajnish/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.12.2022
Transmission Date       24.12.2022