Allowed

Guddu Yadav and Guddu Kumar Yadav v. The State of Bihar

Patna HC23 Aug 2024CR. APP (SJ)/3531/2023

Case brief

AI extract

What is this about?

Single judge allowed an appeal against the refusal of anticipatory bail. Considering colleagues had similarly been granted bail, the court ordered release on bail subject to conditions under CrPC 438(2), setting aside the impugned order.

What did the court decide?

Apprehension set aside; appellants to be released on bail upon surrender with ₹25,000 bond and two sureties within six weeks subject to CrPC 438(2) conditions.

Guddu Yadav and Guddu Kumar Yadav Vs The State of Bihar — Caste Atrocities | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3531 of 2023

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Arising Out of PS. Case No.-166 Year-2023 Thana- SIDHWALIYA District- Gopalganj

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

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GUDDU YADAV AND GUDDU KUMAR YADAV S/O HAWALDAR YADAV R/O VILLAGE- SAREIYA, PAHAR, PS. SIDHWALIYA, DIST. GOPALGANJ

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JITENDRA YADAV S/O HAWALDAR YADAV R/O VILLAGESAREIYA, PAHAR, PS. SIDHWALIYA, DIST. GOPALGANJ

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RUPESH KUMAR S/O SATYENDRA YADAV @ SIKANDAR YADAV R/O VILLAGE- SAREIYA, PAHAR, PS. SIDHWALIYA, DIST. GOPALGANJ

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... ... Appellant/s

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Versus

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The State of Bihar

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SHANKAR RAM LATE LAGAN RAM SIDHWALIYA

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SHANKAR RAM S/O LATE LAGAN RAM R/O VILLAGE- SAREIYA, PAHAR, PS. SIDHWALIYA, DIST. GOPALGANJ

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... ... Respondent/s

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

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Appearance : For the Appellant/s : Mr.Bijay Prakash Singh, Adv. For the Respondent/s : Mr.Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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5 23-08-2024 Heard learned counsel for the appellants and learned

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Spl.P.P. for the State.

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Though vakalatnama is filed on behalf of the respondent no.2 but nobody appears on her behalf today.

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This is an appeal under section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act (hereinafter in short referred to as the ‘SC/ST Act’) 2015 against the refusal of prayer for anticipatory bail vide order dated 04.07.2023, passed by learned Additional

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Patna High Court CR. APP (SJ) No.3531 of 2023(5) dt.23-08-2024 2/3

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Sessions Judge-III-cum-SC/ST Special Judge, Gopalganj, in connection with Sidhwaliya P.S. Case No.166 of 2023, registered u/s 447, 341, 323, 324, 325, 307, 504, 506, 34 of the IPC and sections 3(i)(r)(s)/ 3(2)(va) of the SC/ST Act.

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Allegedly, all the accused persons including the appellants are said to have assaulted the informant’s side brutally with deadly weapons due to which they sustained several injuries and also abused the informant by taking his caste name.

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It is submitted by learned counsel for the appellants that the appellants are innocent and have not committed any offence. No such occurrence, in the manner as alleged has ever taken place. Appellants have been falsely implicated in the case with frivolous allegation. The allegation of assault and abuse levelled against the appellants is not specific rather general and omnibus in nature. Both the parties are co-villagers and there is land dispute between them. Injured Shankar Ram has sustained one grievous injury but it cannot be determined by whom the said injury has been caused. Appellants have no criminal antecedent and similarly situated co-accused have been granted anticipatory bail by this Court vide Cr. Appeal (SJ) No.3752 of 2023 dated 24.01.2024.

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Patna High Court CR. APP (SJ) No.3531 of 2023(5) dt.23-08-2024 3/3

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Learned Spl. PP for the State opposed the prayer for bail.

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Considering the facts and circumstances of the case, since

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similarly situated co-accused have been granted anticipatory bail, let the appellants named above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III-cum-SC/ST Special Judge, Gopalganj (Bihar), in connection with Sidhwaliya P.S. Case No.166 of 2023, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and this appeal is allowed.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Guddu Yadav and Guddu Kumar Yadav v. The State of Bihar

Case brief

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Guddu Yadav and Guddu Kumar Yadav v. The State of Bihar

Case brief

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