Abhay Kumar Yadav vs State Of Bihar

This case has been listed today for consideration through Video Conferencing.

2 Heard learned counsel for the appellant and the learned Special Public Prosecutor (Special PP) for the State.

3 The appellant has preferred the present Appeal under Section 14 - A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 (for brevity, SC/ST Act) against the refusal of his prayer for regular bail vide order dated 01.03.2021 passed in BP No 68 of 2021 by Additional

Sessions Judge V, Madhepura in a case registered under Section 302 of Indian Penal Code and Sections 3 (2) (V) (Va) of SC/ST Act in connection

with Madhepura Police Station (for brevity, PS) Case No 826 of 2020 corresponding to Special SC/ST Case No 8 of 2021.

4 The informant’s case is that the instant appellant had come to his house and his father accompanied him on his motorcycle to withdraw cash

from the Bank. Rs 10,000/- has been withdrawn and, thereafter, it is alleged that the appellant has intoxicated his father and brutally assaulted him and

thrown him from the motorcycle near the Mosque. The father was taken for treatment and while under treatment, he died on 29.10.2020.

5 It is submitted by the appellant’s counsel that as per prosecution case, the victim was alive for two days after the alleged occurrence. Till then,

his statement has not been recorded. The First Information Report (for brevity, FIR) itself shows that the deceased had voluntarily accompanied the

instant appellant and there was no coercion. Informant is not an eye witness to the occurrence and based on suspicion, the instant appellant has been

implicated. There is delay in lodging the FIR, which has been lodged on 30.10.2020 though the alleged occurrence has taken place on 27.10.2020. The

appellant bears a clean past and he is in custody since 01.01.2021.

6 Learned Special PP has opposed the prayer for bail. It is submitted that it is the appellant who had taken away the informant’s father on his

motorcycle. Thereafter, he has been found injured leading to his death.

7 In my opinion, in view of nature of accusation in the FIR, and submission of parties, a case for grant of regular bail is made out. The impugned order

dated 01.03.2021 passed in BP No 68 of 2021 requires interference by this Court, which is, accordingly, set aside.

8 This appeal is allowed. The impugned order dated 01.03.2021 passed in BP No 68 of 2021 by Additional Sessions Judge V, Madhepura in

connection with Madhepura PS Case No 826 of 2020 corresponding to Special SC/ST Case No 8 of 2021 is set aside.

9 Let the appellant above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like

amount each to the satisfaction of Additional Sessions Judge V, Madhepura in Madhepura PS Case No 826 of 2020 corresponding to Special SC/ST

Case No 8 of 2021 subject to the following conditions:

(1) That one of the bailors will be a close relative of the appellant who will give an affidavit giving genealogy as to how he is related with the appellant.

The bailor will also undertake to inform the Court if there is any change in the address of the appellant.

(2) That the appellant will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.