Bullu Yadav @ Radhamohan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3493 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== BULLU YADAV @ RADHAMOHAN SINGH S/o Ramsunar Yadav Resident of Village- Kham Kala, Than- Adhaura, Post- Kolhua, District- Kaimur (Bhabua).
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Ms. Kiran Kumari Sharma- Advocate For the Respondent/s :
Ms. Usha Kumari 1- S.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-09-2021 Heard Ms. Kiran Kumari Sharma, the learned Advocate for the appellant and Ms. Usha Kumari-1, the learned Special Public Prosecutor for the State.
The appellant has challenged the order dated 05.06.2021 passed by the learned Additional Sessions Judge-1st-cum-Special Judge, Kaimur at Bhabhua in connection with Adhaura P. S. Case No.13 of 2021, instituted for the offences under Sections 341, 323, 325, 504, 506, 34 of the Indian Penal Code and Section 3(1)(r) (s)/ 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected. Since the appellant is alleged to have assaulted
Patna High Court CR. APP (SJ) No.3493 of 2021(2) dt.14-09-2021 2/2 the informant as a result of which his leg has been fractured, I am not inclined to entertain this appeal and grant anticipatory bail to him, notwithstanding that the brother of the appellant (co-accused of this case) has been granted the privilege of anticipatory bail as he is not said to be author of the grievous injury.
The appeal is rejected.
However, if the appellant surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present appeal has not been entertained by this Court. (Ashutosh Kumar, J) vikash/- U T