Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2734 of 2023 Arising Out of PS. Case No.-28 Year-2017 Thana- COMPLAINT CASE District- Supaul ====================================================== 1.

ASHOK YADAV SON OF GURUDEO YADAV RESIDENT OF VILLAGE- HARARI, TOLA JHINGWA WARD NO. 10 PO- GIDARAHI, PS- MARAUNA, DIST- SUPAUL 2.

GULENDRA YADAV SON OF GURUDEO YADAV RESIDENT OF VILLAGE- HARARI, TOLA JHINGWA WARD NO. 10, PO- GIDARAHI, PS- MARAUNA, DIST- SUPAUL 3.

RUPAM YADAV @ LALAN KUMAR SON OF GURUDEO YADAV RESIDENT OF VILLAGE- HARARI, TOLA JHINGWA WARD NO. 10, PO- GIDARAHI, PS- MARAUNA, DIST- SUPAUL ... ... Appellant/s

Versus

1.

The State of Bihar 2.

TRIFUL DEVI WIFE OF SRI JASO RAM RESIDENT OF VILLAGEHARARI TOLA GIDARAHI, PO- GIDARAHI, PS- MARAUNA DISTSUPAUL ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Amar Nath Yadav , Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2023

1. Heard learned counsel for the appellants and the State.

2. It is submitted by the State that the prayer for prearrest bail of the appellant is not maintainable as cognizance has already been taken by the court below also for the offences punishable under the SC/ST Act. In this regard, reliance is placed in the case of Bachu Das Vs. State of Bihar and others, reported in (2014) 3 Supreme Court Cases 471.

3. In view of the aforesaid pronouncement of law

Patna High Court CR. APP (SJ) No.2734 of 2023(3) dt.25-08-2023 2/2 rendered by Hon'ble the Supreme Court, appellants prayer of pre-arrest is refused.

(Prabhat Kumar Singh, J) Kaushik/- U T