Pankaj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.743 of 2020 Arising Out of PS. Case No.-24 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== PANKAJ YADAV Son of Vijay Yadav @ Vijay Kumar Resident of Village - Basudeopur, Gonbarahi, P.S.- Khampar, Distt - Deoria (U.P.) ... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Harendra Prasad For the Respondent/s :
Mr.Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-06-2020 Heard learned counsel for the parties.
This appeal has been preferred under Section 14A(2) of the Scheduled Castes and Scheduled Tribes ( Prvention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') putting to challenge an order 03.05.2019 passed by learned First Additional Sessions Judge, Gopalganj in Mirganj P.S. Case No. 24 of 2019, registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Sections 3(2) (v) of the Act.
The appellant has earlier approached this Court by filing appeal, giving rise to Cr. Appeal(SJ) No. 2271 of 2019 against the same order dated 03.05.2019 passed by learned First Additional Sessions Judge, Gopalganj, which was rejected by an
Patna High Court CR. APP (SJ) No.743 of 2020(3) dt.01-06-2020 2/2 order dated 13.08.2019.
This appeal filed second time against the same order, in my opinion, cannot be maintained and it is, accordingly, dismissed as not maintainable.
The appellant shall be at liberty to renew his prayer for bail before the Court below.
It goes without saying that if aggrieved, the appellant shall be at liberty to assail any subsequent order passed by the Court below, rejecting his prayer for bail, in accordance with law.
(Chakradhari Sharan Singh, J) arun/- U