Allowed

Rupesh Yadav v. The State of Bihar

Patna HC7 Dec 2020CR. APP (SJ)/1645/2020

Case brief

AI extract

What is this about?

An oral order allowing an appellate bail application filed by Rupesh Yadav against the rejection of his bail plea by the Additional Sessions Judge in a case involving sections 307 and 354B of IPC and Prevention of Witchcraft Act.

What did the court decide?

The impugned order rejecting bail is set aside and the appellant is enlarged on bail by furnishing a bond of Rs.10,000 with two sureties.

Rupesh 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.1645 of 2020

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Arising Out of PS. Case No.-36 Year-2019 Thana- RAJAON District- Banka

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======================================================

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RUPESH YADAV Son of Arjun Yadav Resident of Village - Khirjan, P.S. -Rajoun, District - Banka.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Brij Nandad Prasad, Adv. For the Respondent/s : Mr. Binay Krishna, Spl.P.P.

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======================================================

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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 and learned

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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 18.2.2020 passed by the learned Additional Sessions Judge-I, Banka whereby the prayer for bail of the appellant in connection with Rajaon P.S. Case No. 36 of 2019 registered under sections 307, 354 B, 436, 427, 323, 504, 506, 147, 148 and 149 of the Indian penal Code, section 27 of the Arms Act, sections 3 and 4 of the Prevention of Witch (Daain) Practice Act and section 3(1)(w) of the SC & ST (Prevention of Atrocities) Act was rejected.

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As per allegation in the FIR, the four named accused persons and two others started to assault and abuse the mother

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Patna High Court CR. APP (SJ) No.1645 of 2020(3) dt.07-12-2020 2/3

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of the informant and misbehaved with her. On protest by the informant it is stated that after some time twenty named accused persons including the appellant herein came variously armed in an intoxicated state and started to assault the informant and burnt his house. It is stated by the informant that they were taken to the hospital for treatment.

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It is submitted by learned counsel for the appellant that the appellant is in custody since 17.2.2020 and the allegations as levelled in the FIR are general and omnibus in nature. It is submitted that the appellant has been falsely implicated in the case.

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The appeal 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 allegations levelled in the FIR together with the appellant being in custody since 17.2.2020 and having no criminal antecedent, the Court is inclined to allow the instant appeal. The appeal is allowed and the order dated 18.2.2020 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 Rajaon P.S. Case No. 36 of 2019 (G.R. No. 10

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Patna High Court CR. APP (SJ) No.1645 of 2020(3) dt.07-12-2020 3/3

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of 2019) 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/-

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Rupesh Yadav v. The State of Bihar

Case brief

What is this about?

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Rupesh Yadav v. The State of Bihar

Case brief

What is this about?

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