Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1298 of 2019 Arising Out of PS. Case No.-239 Year-2014 Thana- KHIJARSARAI District- Gaya ====================================================== RAJESH YADAV, Son of Dhaneshwar Yadav, Resident of Village - Panchmahala, P.S.- Khizarsarai, Distt - Gaya. ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Amrendra Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 The appellant apprehends his arrest in connection with SC/ST Khizarsai P.S.Case No. 239 of 2014 registered for the offences under Sections 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act, including Section 3(2)(v) of SC/ST Act and his prayer for pre-arrest bail has been rejected in ABP No. 36A of 2019 vide order dated 26.2.2019 passed by Special Judge, SC/ST Act, Gaya.

Allegation against the appellant is that he along with other accused persons surrounded the informant and abused him by caste name and there is also allegation against one Mantu Yadav that he fired on the informant, causing injury on his armpit. It further appears that the case is of the year 2014. Submission of learned counsel for the appellant is that after investigation appellant was not charge-sheeted but

Patna High Court CR. APP (SJ) No.1298 of 2019(3) dt.01-05-2019 2/2 cognizance has been taken against the appellant. Heard learned Special P.P.

Having heard both sides and in the facts and circumstances and considering the fact that appellant is not appearing for a long period of time, I am not inclined to grant the privilege of anticipatory bail to him. He should surrender and make prayer for regular bail, which shall be considered by the learned Special Judge on the basis of the materials available on the record as well as the allegation against him and, if possible, to be disposed of on the same day.

With the above observation, this appeal stands dismissed.

(Vinod Kumar Sinha, J) spal/- U T