Allowed

Krishnballabh Yadav @ Krishnyalam Yadav v. the State of Bihar

Patna HC25 Jun 2021CR. APP (SJ)/305/2021

Case brief

AI extract

What is this about?

This court allowed the appeal against the rejection of an application for anticipatory bail. The additional Sessions Judge's order was set aside, and the appellants were directed to be released on bail within eight weeks subject to furnishing bail bonds and sureties.

What did the court decide?

The order dated 26.08.2020 passed by the Additional Sessions Judge is set aside. The appellants are directed to be released on bail within eight weeks by furnishing bail bonds of Rs. 10,000 each with

Krishnballabh Yadav @ Krishnyalam Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.305 of 2021

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Arising Out of PS. Case No.-345 Year-2017 Thana- GHOSI District- Jehanabad

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

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1. KRISHNBALLABH YADAV @ KRISHNYALAM YADAV, S/o Suresh Yadav Resident of Village-Shekhpura, P.S-Ghosi, District-Jehanabad.

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Mithilesh Yadav S/o Late Chamari Yadav Resident of Village-Shekhpura, P.S-Ghosi, District-Jehanabad.

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Manish Kumar S/o Satyendra Yadav Resident of Village-Shekhpura, P.SGhosi, District-Jehanabad.

... ... Appellant/s

Versus

THE STATE OF BIHAR

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Prashant Sinha For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 25-06-2021

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Heard Mr. Prashant Sinha, learned counsel for

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the appellants and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State.

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The appellants have challenged the order dated

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26.08.2020, passed by the learned Additional Sessions

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Judge 1^st , Jehanabad, in A.B.P. No. 636 of 2020, arising out of Ghosi P. S. Case No. 345 of 2017, whereby the prayer made on behalf of the appellant for grant of anticipatory bail for the offences punishable under

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Sections 147, 149, 341, 323, 379, 504 and 307 of the

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Patna High Court CR. APP (SJ) No.305 of 2021(2) dt.25-06-2021 2/3

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Indian Penal Code and Sections 3-(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been rejected.

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The wife of the informant and other members

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of the prosecution party are stated to have been

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assaulted. The matter was investigated but the police did not submit charge-sheet against the present appellants. But cognizance has been taken against them on the basis of further statement given by the informant during the course of investigation.

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One of the appellants (appellant no. 3) was, at the relevant time, appearing in an examination of an Engineering College in Orissa.

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There is a counter version of the occurrence as well.

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The learned Advocate for the appellants, therefore, submits that no offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can, therefore, be said to have been made out

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Patna High Court CR. APP (SJ) No.305 of 2021(2) dt.25-06-2021 3/3

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against the appellants.

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Considering the afore-stated facts, the appeal is

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allowed.

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The order dated 26.08.2020, passed by the learned Additional Sessions Judge 1^st , Jehanabad is set aside.

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The appellants, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1^st , Jehanabad in connection with Ghosi P. S. Case No. 345 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

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(Ashutosh Kumar, J)

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skm/-

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U T

Krishnballabh Yadav @ Krishnyalam Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Krishnballabh Yadav @ Krishnyalam Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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