Allowed

Shyamdeo Yadav v. the State of Bihar

Patna HC7 Dec 2020CR. APP (SJ)/1589/2020

Case brief

AI extract

What is this about?

High Court allowed an appeal against the rejection of bail. The appellant, charged under IPC sections 354-B, 341, 323, 452, 504, 506 and SC & ST Act section 3(1)(v)(w), was set free on bail after the lower court order quashing the earlier bail order was set aside.

What did the court decide?

Appellant enlarged on bail on furnishing bond of Rs. 10,000 with two sureties; order dated 4.2.2020 set aside.

Shyamdeo Yadav Vs the State of Bihar — Caste Atrocities | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1589 of 2020

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Arising Out of PS. Case No.-3 Year-2020 Thana- BANDHUWA KURAWA District- Banka

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SHYAMDEO YADAV Son of Chandar Yadav Resident of Village and P.S.Bandhuwa Kurawa, District- Banka. ... ... Appellant/s

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Versus

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THE STATE OF BIHAR ... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Brij Nandad Prasad, Adv. For the Respondent/s : Mrs. Usha Kumari no. 1, Spl. P.P.

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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3 07-12-2020

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Heard learned counsel for the appellant, learned Special Public Prosecutor for the State, through video conferencing.

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The instant appeal has been preferred by the appellant against the order dated 4.2.2020 passed by the learned Additional Sessions Judge-I, Banka, whereby the prayer for bail of the appellant in connection with Bandhuwa Kurawa P.S. Case No. 3 of 2020 registered under sections 354-B, 341, 323, 452, 504 and 506 of the Indian Penal Code and section 3(1)(v)(w) of the SC & ST Prevention of Atrocities Act was rejected.

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As per allegation in the FIR, it is stated that the appellant entered into the house of the informant and was misbehaving with his bhabhi (sister-in-law) when he was caught and beaten up. It is further stated that he assaulted the informant taking the name of his caste and also struck him with a lathi causing injury on his hand. It is submitted by learned counsel

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Patna High Court CR. APP (SJ) No.1589 of 2020(3) dt.07-12-2020 2/2

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for the appellant that the allegations as levelled in the FIR are false and the appellant has been falsely implicated in the case due to village politics. It is submitted that the injury on the informant has been found to be simple in nature and the appellant is in custody since 7.1.2020.

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The application for bail is opposed by learned Spl. P.P. for the State.

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Having heard learned counsel for the parties and taking into consideration the appellant being in custody since 7.1.2020, the Court is inclined to allow this appeal. The appeal is allowed and the order dated 4.2.2020 passed by the learned Additional Sessions Judge-I, Banka is set aside.

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The appellant is directed to be enlarged on bail in connection with Bandhuwa Kurawa P.S. Case No. 3 of 2020 (G.R. No. 3 of 2020) on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Banka.

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(Partha Sarthy, J)

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Sushma/- U T

Shyamdeo Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shyamdeo Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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