Bablu Panjiyar @ Awadhesh Panjiyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3396 of 2021 Arising Out of PS. Case No.-44 Year-2017 Thana- SC/ST District- Araria ====================================================== 1.

BABLU PANJIYAR @ AWADHESH PANJIYAR Son of Late Madho Panjiyar Resident of Village- Barbanna Raniganj, P.S.- Raniganj, DistrictAraria. 2.

Dilip Panjiyar Son of Late Madho Panjiyar Resident of Village- Barbanna Raniganj, P.S.- Raniganj, District- Araria.

3.

Parmeshwari Yadav Son of Mahadeo Panjiyar Resident of Village- Barbanna Raniganj, P.S.- Raniganj, District- Araria.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rekha Devi Kailu Risideo Resident of Village-Sarwaha,P.SRaniganj,District-Araria ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mukesh Kumar Rana For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2022 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

Though notice has been validly served upon the respondent no.2, but nobody appears on her behalf. Learned counsel for the appellants is directed to remove the defects within four weeks.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter in short referred to as the 'SC/ST

Patna High Court CR. APP (SJ) No.3396 of 2021(3) dt.16-11-2022 2/3 Act') against the refusal of prayer of anticipatory bail vide order dated 26.07.2021 passed by learned Incharge 1st Additional Sessions-cum-Special Judge, Araria in connection with Special SC/ST Case no.213 of 2017 arising out of Araria (SC/ST) P.S. Case No.44 of 2017 registered under Sections 147, 149, 323, 452, 354B, 380, 504, 506 of the Indian Penal Code and Section 3(i)(s) of the Scheduled Castes and Scheduled Tribes Act and cognizance has been taken under sections-147, 323, 504, 506 of the Indian Penal Code and sections 3 (I) (s) of the SC/ST Act.

It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case due to dirty village politics. It is fairly submitted by the learned counsel for the appellants that cognizance has been taken against the appellants in the present case. Appellants have no criminal antecedent.

Learned Spl. PP for the State vehemently opposing the prayer for bail.

Having regards to the facts and circumstances of the case, since cognizance has been taken against the appellant

Patna High Court CR. APP (SJ) No.3396 of 2021(3) dt.16-11-2022 3/3 and keeping in view the judgment of Hon'ble Apex Court passed in Bachu Das Vs. State of Bihar and others since reported in (2014) 3 Supreme Court Cases 471 anticipatory bail application is not maintainable before this Court.

Accordingly, this appeal is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T