Ghamandi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49319 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -BIHARSHARIF HARIJAN DistrictNALANDA (BIHARSHARIFF) ====================================================== Ghamandi Yadav, S/o Late Ramdeo Yadav, Resident of village- Surumpur, Police Station- Silao, District- Nalanda.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Sharma, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl.App ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with SC/ST P. S. Case No. 101 of 2015 registered under Sections 341, 323, 504, 506, 427, 379/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). Regard being had to the specific allegation made in the FIR against the petitioner and the bar created under Section 18 of the Act, the present application under Section 438 of the Code of Criminal Procedure is not maintainable. Accordingly, the application is dismissed as not maintainable.

Patna High Court Cr.Misc. No.49319 of 2015 (2) dt.02-11-2015 2/2 However, in case the petitioner surrenders and seeks bail, the same shall be considered on it own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Kanchan/- U T