Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43040 of 2014 Arising Out of PS.Case No. -146 Year- 2013 Thana -KOTWALI District- MUNGER ====================================================== Pawan Yadav, son of Prakash Yadav, resident of D.J. College Road, P.S.- Kotwali, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Jha, Adv. For the Opposite Party : Mr. Ram Shankar Das (Spl.PP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-03-2015 The petitioner is facing trial in Kotwali P.S. Case No.146/2013 for the offence punishable under Sections-448, 341, 323, 384 and 504/34 of I.P.C. and Sections-3(i)(x) of SC/ST (Prevention of Atrocities) Act. The petitioner filed A.B.A. No.106/2014 in the court of learned Sessions Judge, Munger for grant of anticipatory bail, which was rejected through order dated 28.8.2014. Hench, this application under Section-438 of Cr.P.C. for anticipatory bail before this Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The allegation against the petitioner is one of extortion of money. Allegation is also made under Section- 3(i)(x) of SC/ST (Prevention of Atrocities) Act. The petitioner is not the only accused. Other

Patna High Court Cr.Misc. No.43040 of 2014 (2) dt.04-03-2015 2/2 accused, such as Bhukhla @ Raja Yadav, Arvind Yadav and Love Yadav, were granted regular bail by this Court. But for the fact that the provisions of SC/ST (Prevention of Atrocities) Act are also cited, this Court would have granted anticipatory bail. Having regard to the facts and circumstances of the case, this Miscellaneout Petition is disposed of directing that in case the petitioner surrenders before the court of Chief Judicial Magistrate, Munger, and moves an application for bail in connection with Kotwali P.S. Case No.146/2013, it shall be considered and bail shall be granted on the same day. (L. Narasimha Reddy,CJ) K.C.jha/- U