Karan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1788 of 2020 Arising Out of PS. Case No.-19 Year-2018 Thana- SC/ST BETTIAH District- West Champaran ====================================================== 1.

KARAN YADAV S/o Vijay Yadav Resident of Village-Kauwaha, Laxmipur, P.S.-Chanpatiya (Sirisiya), District-West Champaran. 2.

Rahul Yadav S/o Vijay Yadav Resident of Village-Kauwaha, Laxmipur, P.S.- Chanpatiya (Sirisiya), District-West Champaran. 3.

Vijay Yadav S/o Bhikhari Yadav Resident of Village-Kauwaha, Laxmipur, P.S.-Chanpatiya (Sirisiya), District-West Champaran. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bimlesh Kumar Pandey For the Respondent/s :

Mr. Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the appellants and Shri Sadanand Paswan, learned Special P.P. for the State. This is an appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the order dated 03.12.2019 passed by the learned Additional District and Sessions Judge-1st-cum-Special Judge, Bettiah, West Champaran in Anticipatory Bail Petition No. 2637 of 2019 arising out of Bettiah (SC/ST P.S. Case No. 19 of

Patna High Court CR. APP (SJ) No.1788 of 2020(2) dt.27-11-2020 2/2 2018) registered under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Sections 3(i)(r)(ii)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, whereby and whereunder the prayer of the appellants for grant of anticipatory bail has been refused.

At the outset, the learned counsel for the appellants seek to withdraw the present petition in order to enable the appellants herein to surrender before the learned court below and seek regular bail.

Accordingly, the present appeal stands disposed off as withdrawn, however, with liberty to the appellants to surrender before the learned court below and pray for regular bail and in case the appellants surrender before the learned court of Additional District and Sessions Judge-I-cum-Special Judge, Bettiah, West Champaran in connection with Bettiah (SC/ST P.S. Case No. 19 of 2018), within a period of four weeks from today, the learned court below shall consider the prayer of the appellants for grant of regular bail and pass orders upon the same on merits, on the very same day.

(Mohit Kumar Shah, J) S.Sb/- U T