Bhuar Yadav @ Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2084 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- SC/ST District- Bhojpur ====================================================== 1.
Bhuar Yadav @ Sandeep Kumar Son of Aodhesh Yadav @ Avdhesh Yadav, Resident of Mohalla- Bind Toli Akhara, P.S.- Ara, District- Bhojpur. 2.
Aodhesh Yadav @ Avdhesh Yadav S/o Late Sudama Yadav, Resident of Mohalla- Bind Toli Akhara, P.S.- Ara, District- Bhojpur. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ajit Kumar Singh For the Respondent/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2021 Heard learned counsel for the appellants and learned counsel for the State.
The appeal is admitted.
Learned counsel for the appellants submits that he wants to withdraw this appeal with respect to appellant no. 2. Accordingly, this appeal is dismissed as withdrawn with respect to appellant no. 2.
So far appellant no. 1 is concerned, he is seeking anticipatory bail in connection with SC/ST Case No. 41 of 2020 registered for offence punishable under sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and sections 3 (i) (r) (s) of the SC/ST (POA) Act.
Allegation has been made that on 30.05.2020 at about
Patna High Court CR. APP (SJ) No.2084 of 2020(2) dt.09-02-2021 2/2 8:30 P.M., the informant along with his niece was returning after treatment of his niece and when he reached near his house and requested to the petitioner and other accused persons to leave the passage whereupon they started abusing, assaulted the informant and his family members with fists and flaps and also threatened for dire consequences.
Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the appellant no. 1 and accordingly his prayer for bail is rejected. However, if the appellant no. 1 surrenders before the court below, the court below without being prejudiced by this order will take decision in accordance with law.
(Shivaji Pandey, J) Mahesh/- U T