Ashok Yadav @ Ashok Kumar v. The State Of Bihar
Case at a glance
Outcome
Allowed
The appeal stands allowed
Provisions considered
- Indian Penal Code, 1860 ss. 34, 323, 324, 325, 341, 504
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Appellant/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Shailesh Kumar Singh Ms. Usha Kumari 1 : : ORAL ORDER 2 16-11-2022 Heard learned counsel for the appellants and the learned Special Public Prosecutor for the State. The appellants have challenged the order dated
Operative part
01.10.2021 passed by the learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST) Act, Aurangabad in connection with Haspura P. S. Case No.101 of 2020, instituted for the offences under Sections 341, 323, 325, 324, 504/ 34 of the Indian Penal Code and Section 3(i) (r)(s)/ 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected. The learned counsel for the appellants submits Patna High Court CR. APP (SJ) No.4398 of 2021(2) dt.16-11-2022 that appellants are persons with clean antecedent and the informant alleges that on account of dispute relating to toddy, the elder brother of the informant was abused and assaulted leading to injury on left leg. The learned counsel for the appellants submits that the appellants have been falsely implicated in the present case. It is next submitted that similarly situated co- accused Nawal Yadav @ Nawal Kishore Yadav along with two others have been granted anticipatory bail by order dated 26.02.2021 in Cr. Appeal (SJ) No.2170 of 2020. It is next submitted that even the allegation prima facie does not make out an offence, nor the F.I.R. even remotely suggest that the brother of the informant disclosed to him about the occurrence, nor the occurrence was in public view. The learned Special P.P. opposes the bail application. Regard being had to the aforesaid submissions, the order dated 01.10.2021 is set-aside. The appeal stands allowed. The appellants, above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on Patna High Court CR. APP (SJ) No.4398 of 2021(2) dt.16-11-2022 their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST) Act, Aurangabad in connection with Haspura P. S. Case No.101 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Satyavrat Verma, J) vikash/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal stands allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 323, 324, 325, 341, 504; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.