Umesh Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2076 of 2020 Arising Out of PS. Case No.-133 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

Umesh Mallah, aged about 18 years, Male, Son of Sipahi Mallah Resident of Village - Idgahiya, P.S. - Chainpur, District - Kaimur at Bhabua. 2.

Manish Mallah, aged about 19 years, Male, Son of Surendra Mallah Resident of Village - Idgahiya, P.S. - Chainpur, District - Kaimur at Bhabua. 3.

Mukesh Mallah, aged about 21 years, Male, Son of Surendra Mallah Resident of Village - Idgahiya, P.S. - Chainpur, District - Kaimur at Bhabua. 4.

Kariya Mallah, aged about 22 years, Son of Brij Kuar Mallah Resident of Village - Idgahiya, P.S. - Chainpur, District - Kaimur at Bhabua. 5.

Khuti Mallah, aged about 23 years, Male, Son of Matalu Mallah Resident of Village - Idgahiya, P.S. - Chainpur, District - Kaimur at Bhabua. 6.

Nepali Mallah, aged about 19 years, Male, Son of Matalu Mallah Resident of Village - Idgahiya, P.S. - Chainpur, District - Kaimur at Bhabua. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajani Kant Pandey For the Respondent/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-03-2021 Heard learned counsel for the appellants and learned counsel for the State.

The present appeal has been filed against the order dated 8.7.2020 passed by learned Additional Sessions Judge-1st, Kaimur at Bhabua cum Special Judge, SC/ST (POA) Act, Kaimur at Bhabua in A.B.P. No. 407 of 2020 arising out of Chainpur P.S. Case No. 133 of 2020 registered for offence under Sections 323/147/148/149/324/307/504 of the Indian Penal

Patna High Court CR. APP (SJ) No.2076 of 2020(3) dt.15-03-2021 2/2 Code and Section 3(1)(r)(s)/3(2)(Va) of the SC/ST (POA) Act, rejecting the prayer for anticipatory bail of the appellants. From perusal of the records, it appears that the appellants have already been released on police bail, in such view of the matter, this appeal is not maintainable. However, the appellants will be given the benefit of judgment passed in the case of Mahendra Prasad Singh Vs. State of Bihar reported in 2004 (3) PLJR 491.

Accordingly, this appeal stands disposed of.

(Shivaji Pandey, J) rishi/- U T