Allowed

Prakash Yadav v. The State of Bihar

Patna HC20 Apr 2023CR. APP (SJ)/326/2023

Case brief

AI extract

What is this about?

A criminal appeal was filed against the rejection of a bail application. The appellants were charged with offenses under the IPC and SC/ST Act for assaulting and setting fire to the hut of the informant and abusing him by calling his caste. The High Court allowed the appeal.

What did the court decide?

Set aside the impugned order rejecting bail and directed the enlargement of the appellants on bail in connection with the case on furnishing a bail bond of Rs. 10,000 with two sureties.

Prakash Yadav Vs The State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.326 of 2023

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Arising Out of PS. Case No.-385 Year-2022 Thana- KATORIYA District- Banka

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

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PRAKASH YADAV S/O SURESH YADAV Resident of Village- Mohpatta, P.S.- Katoriya, District- Banka.

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DUBRAJ YADAV S/O SANJAY YADAV Resident of Village- Mohpatta, P.S.- Katoriya, District- Banka.

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GANESH YADAV S/O LATE KULO YADAV Resident of VillageMohpatta, P.S.- Katoriya, District- Banka.

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... ... Appellant/s

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Versus

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The State of Bihar

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SANTOSH TURI S/O BALESHWAR TURI Resident of Village- Mohpatti, P.S.- Katoriya, District- Banka.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Praveen Kumar For the Respondent/s : Mr.Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

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ORAL ORDER

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2 20-04-2023

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Heard learned counsel for the appellants, learned

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Special Public Prosecutor for the State.

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The instant appeal has been filed by the appellants against the order dated 4.1.2023 passed by learned Additional Sessions Judge-I, Banka in Katoriya P.S. Case No. 385 of 2022 whereby the prayer for bail of the appellants was registered under Sections 341, 342, 323, 324, 337, 338, 436, 504, 506/34 of the Indian Penal Code and sections 3(i)(r)(S) of SC/ST Act was rejected.

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It is a case of assaulting and setting fire to the hut of

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Patna High Court CR. APP (SJ) No.326 of 2023(2) dt.20-04-2023 2/3

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the informant and abused him by calling cast name.

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It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case due to dirty village politics. General and omnibus allegation has been levelled against the appellants. No injury report is brought on record to support the prosecution story. They have not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. Similarly situated other accused person has already been enlarged on bail by this Court of this Court vide order dated 19.01.2023 passed in Cr. Appeal (SJ) 4134 of 2022. Appellants are languishing in judicial custody for more than four months.

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The appeal 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 that there is general and omnibus allegation against the appellants , the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 4.1.2023 passed in Katoria P.S. Case No. 385 of 2022 is hereby set aside.

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The appellant is directed to be enlarged on bail in connection with Katoria P.S. Case No. 385 of 2022 on

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Patna High Court CR. APP (SJ) No.326 of 2023(2) dt.20-04-2023 3/3

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furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Banka.

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(Sunil Kumar Panwar, J)

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sushma/-

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Prakash Yadav v. The State of Bihar

Case brief

What is this about?

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Prakash Yadav v. The State of Bihar

Case brief

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