Patna High CourtCR. APP (SJ)/1319/2020rejected

Mithun Yadav @ Ashutosh Kumar v. The State Of Bihar

2020-10-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1319 of 2020 Arising Out of PS. Case No.-465 Year-2018 Thana- RAJAON District- Banka ====================================================== MITHUN YADAV @ ASHUTOSH KUMAR, Son of Saheb Yadav, Resident of Village - Bakhadda, P.S. - Rajoun, District- Banka. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ranjan Kumar Jha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-10-2020 The matter has been taken up through virtual Court proceeding.

Let the defects, if any, be removed within fifteen days of the start of the physical Court.

Heard learned counsel for the parties.

This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 07.03.2020 and 08.05.2020 in A.B.P. No. 323 of 2020 passed by the learned 1st Additional Sessions Judge, Banka in connection with Rajoun P.S. Case No. 465 of 2018 registered under Sections 341, 323, 147, 149, 504, 506 of the Indian Penal Code as well as Sections 3(1)(X) of the SC/ST Act. It appears that the appellant along with some other co-

Patna High Court CR. APP (SJ) No.1319 of 2020(2) dt.07-10-2020 2/2 accused of the same case had earlier approached this Court for grant of anticipatory bail in Cr. Appeal (SJ) No. 641 of 2020 which was dismissed as withdrawn on 03.03.2020 by this Court. The aforesaid fact has been suppressed in para 2 of the memorandum of appeal, hence, I am not inclined to entertain prayer for anticipatory bail to the appellant. This appeal stands dismissed.

Appellant is directed to surrender within a period of two weeks and pray for regular bail.

(Birendra Kumar, J) Kundan/- U T