Gopal Pd. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2249 of 2024 Arising Out of PS. Case No.-98 Year-2015 Thana- WAJIRGANJ District- Gaya ====================================================== Gopal Pd. Yadav son of Late Somari Prasad Yadav Mohalla- Mali Gali Road No-1, Bhareti Po- Wazirganj Ps- Wazirganj Dist- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Mukesh Kumar son of Kishorei Ravidas Village- Maula Nagar Murd Po PsWazirganj Dist- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Purushotam Sharma For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-08-2024 1.

Heard learned counsel for the appellant and learned Spl. P.P. for the State, Shri Sadanand Paswan. 2.

This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 20-4-2024 passed by the learned Special Judge S.C./S.T. (POA) Act, Gaya in connection with Wazirganj P.S. Case No. 98 of 2015 registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code as well as Sections 3(2)(v)of the SC/ST Act.

3.

Learned counsel for the appellant, at the outset,

Patna High Court CR. APP (SJ) No.2249 of 2024(2) dt.19-08-2024 2/3 submits that the appellant has been falsely implicated in the instant case. It is next submitted that police, after threadbare investigation, came to a considered conclusion that appellant is innocent and thus submitted final form exonerating him of the allegations, but then the learned Magistrate differing with the police took cognizance of the offence as such appellant apprehends his arrest. It is also submitted that appellant is a person with clean antecedent and is a retired government teacher and is aged about 72 years. It is next submitted that a person who remained a person with clean antecedent for 72 years all of a sudden has been made an accused based on an order taking cognizance after differing with the police report.

Learned counsel further submits that when one investigating agency after threadbare investigation came to a considered conclusion that appellant is innocent, whether it would be prudent for this Court to send the appellant to jail based on an order of cognizance which was taken based on the same investigation which found the appellant to be innocent. 4.

Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellant and submits that since cognizance has been taken, it would be construed that prima facie offence is made out against the appellant.

Patna High Court CR. APP (SJ) No.2249 of 2024(2) dt.19-08-2024 3/3 5.

In view of the submission made by learned Spl. P.P, the court is not inclined to extend the privilege of anticipatory bail to the appellant.

6.

However, the appeal is dispose of with a direction that if the appellant surrenders on or before 9-9-2024, the learned trial court shall dispose of the case on the same day keeping in mind that the police after investigation submitted final form in favour of the appellant exonerating him of the allegation.

(Satyavrat Verma, J) SUMIT/- U T