Akalu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2398 of 2022 Arising Out of PS. Case No.-179 Year-2010 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

AKALU YADAV Son of Late Dev Raj Yadav Resident of Village - Aurwan Dohar, P.s.- Dobhi, Distt.- Gaya 2.

Rameshwar Yadav @ Rameshwar Yadav Son of Bhunar Yadav Resident of Village - Aurwan Dohar, P.s.- Dobhi, Distt.- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Bhola Bhuiyan Son of Kail Bhuiyan Resident of Village - Aurwan Dohar, P.s.- Dobhi, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shivendra Prasad , Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2023 Heard learned counsel for the appellants and the State.

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. In view of the aforesaid pronouncement of law

Patna High Court CR. APP (SJ) No.2398 of 2022(4) dt.12-07-2023 2/2 rendered by Hon'ble the Supreme Court, appellants prayer of pre-arrest is refused.

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