Bechu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2651 of 2021 Arising Out of PS. Case No.-10 Year-2020 Thana- INARWA District- West Champaran ====================================================== Bechu Miyan S/o Gul Mahmmad R/o village- Sabuni Chowk, Ward No. 13, P.S.- Ramnagar, District- West Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sanjay Kumar No 7, Advocate For the Respondent/s :

Smt. Usha Kumari, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-06-2021 Heard learned counsel for the appellant and learned Special P.P. appearing for the State through video conferencing. A preliminary objection has been raised by learned Special P.P. appearing for the State to the effect that the instant appeal under section 14A of the SC & ST (Prevention of Atrocities) Act is not maintainable, the order rejecting the bail application of the appellant having been rejected by the learned 7th District and Sessions Judge-cum-Special Judge, POCSO, Bettiah, West Champaran and not by the Special Court or the Exclusive Special Court under the SC & ST Act, 1989. Learned counsel for the appellant seeks permission to withdraw this application to move for bail on behalf of the appellant under sections 439 and 440 of the Cr.P.C. The appeal is disposed of as withdrawn with the

Patna High Court CR. APP (SJ) No.2651 of 2021(3) dt.29-06-2021 2/2 aforesaid liberty.

(Partha Sarthy, J) Bibhash U T