Daso Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43306 of 2015 Arising Out of PS.Case No. -116 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Daso Yadav, s/o Ganouri Yadav

2. Suresh Yadav S/o Kesho Yadav All are residents of village- Dhumrakola, P.S. Khaira, Dist.- Jamui .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Indrajit Kumar, Adv. For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-01-2016 Heard Sri Indrajit Kumar, learned counsel for the petitioner and Mr. Ahmad Ali, learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in connection with Khaira P.S. Case No.116/15 registered for the offence under Sections 147,341, 323, 504, 307 of the Indian Penal Code and Section 3 (i) (x) of Schedule Castes and Scheduled Tribes ( Prevention of Atrocities) Act, have prayed for grant of anticipatory bail.

Learned counsel for the petitioners submits that there is land dispute in between the parties and , as such, a false case has been instituted against the petitioners, whereas learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail of the petitioners. He submits that of course, the allegation under the

Patna High Court Cr.Misc. No.43306 of 2015 (3) dt.29-01-2016 2/2 provisions of SC/ST Act is made out against the petitioners and in view of Section 18 of the SC/ST Act, there is restriction for grant of anticipatory bail.

In view of facts and circumstances, I do not find any ground for extending the privilege of anticipatory bail to the petitioners. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U