Anil Yadav, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1627 of 2019 Arising Out of PS. Case No.-26 Year-2015 Thana- VISHNUPAD District- Gaya ====================================================== Anil Yadav, Son of Late Ramji Yadav, Resident of Mohalla- Manglagauri, P.S.- Vishnupad, District- Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Shivendra Prasad For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the appellant and learned APP for the State.

Through the present appeal the appellant has renewed the prayer for anticipatory bail in a case registered for the offences punishable under Sections 341, 332, 333, 353/34 of the Indian Penal Code and Section 3(1) (x) of SC/ST (Prevention of Atrocities) Act.

It is alleged that the informant being a Police Officer went to pacify the dispute between the appellant and others when appellant assaulted with bamboo stick to the informant causing injury.

Earlier the appellant preferred Cr. Misc. No. 23893 of

Patna High Court CR. APP (SJ) No.1627 of 2019(2) dt.14-08-2019 2/3 2015 with a prayer for anticipatory bail.

On submission of learned counsel for the petitioner that in fact the informant caused fracture injury on the right shoulder of the brother of the appellant, which was brought on record as Annexure-2 and further statement in paragraph 14 of the main petition that the informant had not received any injury, the appellant was granted anticipatory bail vide order dated 26.06.2015, but he could not furnish bail bonds since on conclusion of the investigation, final form was submitted and the appellant was not sent up for trial but differing with the final form, the cognizance has been taken.

Keeping in view the fact that the appellant's renewed prayer for anticipatory bail through the present appeal is not maintainable, this Court is not inclined to grant anticipatory bail to the appellant.

However, keeping in view the fact that the appellant was granted anticipatory bail on merits, it is a case for consideration of prayer for regular bail by the learned Court below, if the appellant surrenders before the learned Court below within a period of six weeks from today in connection with Vishnupad P.S. Case No. 26 of 2015, pending in the Court of Special Judge, SC/ST Act, Gaya.

Patna High Court CR. APP (SJ) No.1627 of 2019(2) dt.14-08-2019 3/3 Accordingly, this appeal is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T