Patna High CourtCR. APP (SJ)/1135/2016dismissed

Nandan Yadav And ORS v. The State Of Bihar

2016-12-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1135 of 2016 Arising Out of PS.Case No. -180 Year- 2016 Thana -SURYAGARHA District- LAKHISARAI ===========================================================

1. Nandan Yadav, Son of Suresh Yadav,

2. Pappu Yadav, Son of Suresh Yadav,

3. Hare Ram Yadav, Son of Suresh Yadav,

4. Ajit Kumar @ Ajit Yadav, Son of Lallu Yadav,

5. Rahul Kumar @ Rahul Yadav, Son of Lallu Yadav,

6. Mohan Yadav, Son of Manohar Yadav,

7. Dani Yadav, Son of Ramdeo Yadav,

8. Dheero Yadav @ Deero Yadav, Son of Wokil Yadav,

9. Nitish Yadav @ Nitish Kumar, Son of Kailash Yadav,

10. Chhoti Yadav @ Chhotu Yadav, Son of Baleshwar Yadav, All resident of Village- Khemtarni Asthan, P.S.- Surajgarha, District- Lakhisarai. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date: 20-12-2016 Heard learned counsel for the appellants as well as learned Special Public Prosecutor, appearing for the State of Bihar (respondent).

This Cr. Appeal filed u/S 14-A(2) of SC/ST (Prevention of Atrocities) Amendment Act, is preferred against the order dated 1611-2016 passed by learned Sessions Judge, Lakhisarai by which, he refused to enlarge the appellants on anticipatory bail, who have been made accused in Surajgarha P.S. Case No. 180 of 2016 for the

Patna High Court CR. APP (SJ) No.1135 of 2016 dt.20-12-2016 2/2 offences u/S 147, 323, 506, 504 of the Indian Penal Code and Sections-3(i)(x) SC/ST (Prevention of Atrocities) Act. There is specific allegation against appellants that they dispossessed the informant and others from their lands and it is not in dispute that the informant is a member of Schedule Caste community. Therefore, in my view, learned Sessions Judge, Lakhisarai has rightly held in the impugned order that prayer for anticipatory bail of appellants is hit by Section-18 of SC/ST (Prevention of Atrocities) Act.

Accordingly, in my view, this Cr. Appeal is liable to be dismissed and hence, this Cr. Appeal stands dismissed. (Hemant Kumar Srivastava, J) A.K.V./- Uploading Date 22-12-2016 Transmission Date 22-12-2016