Karu Yadav @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.11 of 2021 Arising Out of PS. Case No.-1 Year-2016 Thana- ATRI District- Gaya ====================================================== KARU YADAV @ SUNIL KUMAR Son of Ram Lakhan Yadav Resident of Village- Dhaukal Bigha, P.S.- Atri, District- Gaya. ... ... Appellant

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr. Gajendra Kumar Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-06-2021 Heard the parties in virtual Court proceeding. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by order dated 25.08.2020 in A.B.P. No. 115 of 2020 passed by the learned Special Judge (SC/ST Act), Gaya in connection with Atri P.S. Case No. 01 of 2016 registered under Sections 341, 347, 447, 385, 504, 506 of the I.P.C. and Section 3(1) (x) of the SC/ST Act.

Learned counsel for the appellant seeks permission to withdraw this application for anticipatory bail as prayer for anticipatory bail was already refused by this court vide order at Annexure-1.

In the event of surrender of the appellant within two

Patna High Court CR. APP (SJ) No.11 of 2021(3) dt.23-06-2021 2/2 weeks, the prayer for regular bail shall be considered without being prejudiced by the fact that prayer for anticipatory bail has been refused as anticipatory bail is not maintainable under SC/ST Act. However, on the merit, prayer for regular bail is not barred.

With the aforesaid observation, this petition stands dismissed as withdrawn.

(Birendra Kumar, J) shahzad/- U T