Allowed

Pankaj Yadav v. The State of Bihar

Patna HC22 May 2020CR. APP (SJ)/4275/2019

Case brief

AI extract

What is this about?

In an appeal under Section 14(A)(2) of the SC/ST Act, the Patna High Court set aside an order rejecting bail and granted bail to the appellant, requiring a bond of Rs. 10,000 with sureties in connection with an IPC case registered alongside a caste atrocity case.

What did the court decide?

Appellant directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each to the Additional Sessions Judge-Banka.

Pankaj Yadav Vs The State of Bihar — Caste Atrocities | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4275 of 2019

¶2

Arising Out of PS. Case No.-64 Year-2019 Thana- DHANKUND District- Banka

¶3

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

¶4

Pankaj Yadav, Son of Late Lakho Yadav, Resident of Village- Bhagwanpur, P.S.- Sanhoula, District- Bhagalpur.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Brij Nandad Prasad For the Respondent/s : Mr.Usha Kumari 1 ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT

¶11

Date : 22-05-2020

¶12

Heard learned counsel for the appellant and the learned counsel for the State through Video Conferencing.

¶13

This appeal, under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is directed against the order dated 09.08.2019 passed in G.R. No. 70 of 2019, whereby and whereunder the learned Ist Additional Sessions Judge, Banka, rejected the prayer for grant of bail of the appellant in connection with Dhankund P.S. Case No. 64 of 2019, registered under Sections 365, 323 and 504/34 of the Indian Penal Code and Sections 3(i)(r)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

¶14

The persecution case, in brief, is that at about 2 P.M., on 16.05.2019, the informant, Prasadi Paswan, was present at his

¶15

Patna High Court CR. APP (SJ) No.4275 of 2019 dt.22-05-2020 2/3

¶16

house after taking the lunch. At that time, Gichu Yadav, Gena Yadav, Bhoura Yadav, Mahendra Yadav and Soshil Yadav came at his door and started to abuse him denoting his caste name Dushad . When the informant made protest then Mahendra Yadav asked him that his daughter Priyanka Kumar, has been kidnapped by your son, Tetar Paswan, on which, informant asked that his son had already been gone at Gujrat for his livelihood. Thereafter, all miscreants started to abuse and dragged him and his wife, Meera Devi and boarded them on different motorcycles, out of whom, one motorcycle was driven by the petitioner and proceeded towards village Banarchuha. When the police came to know about the occurrence then police took him and his wife to the Police Station.

¶17

Learned counsel for the appellant submits that, in fact, son of the informant had kidnapped the daughter of co-accused, Mahendra Yadav due to that reason co-accused, Mahendra Yadav made query to the informant due to that reason, informant lodged the present case with false allegation. Further submission is that petitioner has no criminal antecedent and is in custody since 18.07.2019.

¶18

Having considered the facts and circumstances of the case, the impugned order is set aside and this appeal is allowed.

¶19

Patna High Court CR. APP (SJ) No.4275 of 2019 dt.22-05-2020 3/3

¶20

Let the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-Banka, in connection with Dhankund P.S. Case No. 64 of 2019. Out of two sureties, one surety must be the close relative of the appellant.

¶21

Bhardwaj/-		(Rajendra Kumar Mishra, J)
AFR/NAFR
CAV DATE
Uploading Date	23.05.2020
Transmission Date	23.05.2020

¶22

Bhardwaj/-

Pankaj Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jagarnath Sharma Vs The State of Bihar

Sunil Pandey @ Sunil Panda Vs The State of Bihar

Mithlesh Ram @ Mithilesh Ram Vs the State of Bihar

Godhan Ram @ Manish Kumar Vs the State of Bihar

Ankit Ram @ Ankit Kumar Ram Vs The State of Bihar

Prince Kumar Vs the State of Bihar