Rajdeo Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.363 of 2017 Arising Out of PS.Case No. -242 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Rajdeo Singh Son of Late Bigna Singh, Resident of Village-Belhar, P.S.- Madanpur, District-Aurangabad

2. Mritunjay Singh Son of Rajdeo Singh Resident of Village-Belhar, P.S.- Madanpur, District-Aurangabad.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Vinay Mistry For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-04-2017 Heard learned counsel for the appellants as well as learned Spl. P.P.

Because of the fact that cognizance had already been taken under SC/ST (P.O.A.) Act along with other allied Sections of the Indian Penal Cod, on account thereof, as per the principle decided by the Hon'ble Apex Court in Bachu Das Vs. State of Bihar & Ors. Reported in (2014) 3 SCC 471 as well as Cr. App. No. 570/2017, arising out of SLP (Crl.) 1929/2015, instant memo of appeal is found non-maintainable and is accordingly dismissed. However, it is made clear that during course of appreciation of regular bail, the learned lower court will consider

Patna High Court CR. APP (SJ) No.363 of 2017 (3) dt.04-04-2017 2/2 the merit of the case without being influenced by the instant order. (Aditya Kumar Trivedi, J.) Rakhi U T