Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26482 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -MADANPURA District- AURANGABAD ====================================================== Umesh Yadav, son of Sri Chandradeo Yadav, resident of village- Barahi, P.S. Madanpur, District-Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Ram Shankar Das, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-06-2016 Heard Sri Krishna Prasad Singh, learned Senior Counsel, who was assisted by Sri Saket Kumar Singh, learned counsel for the petitioner and Sri Ram Shankar Das, learned Special Public Prosecutor.

The sole petitioner, apprehending his arrest in Madanpur P.S. Case no.30/2015 registered for the offence under Sections 341, 323, 324, 504/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities )Act ( hereinafter referred to as the "SC/ST Act"), has prayed for grant of anticipatory bail. Learned Senior Counsel appearing on behalf of the petitioner, while pressing the bail petition, submits that the petitioner has falsely been implicated in the present case. Learned Special Public Prosecutor submits that in

Patna High Court Cr.Misc. No.26482 of 2016 (2) dt.30-06-2016 2/2 view of Section 18 of the SC/ST Act, the petitioner is not entitled for privilege of anticipatory bail. He submits that on perusal of the F.I.R. itself, it is evident that the case is made out against the petitioner.

After examining the record, it is difficult to record finding that it is a case of false implication and, as such, it would not be appropriate to extend the privilege of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U