Laxman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3670 of 2018 Arising Out of PS. Case No.-5 Year-2014 Thana- KAUWAKOL District- Nawada ====================================================== Laxman Yadav S/o Mogli Yadav, R/o Vill.- Benipur, P.S.- Rupoh (Kawakol), Distt.- Nawada.
... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Amresh Kumar Sinha For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the parties.
This is an appeal under Section14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 20.07.2018 passed by the 1st Addl. Sessions Judgecum-Special Judge, Nawada in connection with Spl (H) Case No.160/17 arising out of Kawakol P.S. Case No.5/14 registered under Sections 147, 148, 149, 302, 201 and 504 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(iv)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Allegation against the petitioner and other accused persons is to have assaulted the informant and her husband due to which her husband died. They have also abused them by
Patna High Court CR. APP (SJ) No.3670 of 2018(6) dt.28-01-2019 2/2 their caste name.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Considering the facts and circumstances of the case and also in view of the fact that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected. However, after framing of charges, the petitioner would be at liberty to renew his prayer for bail. Accordingly, this appeal is dismissed.
(S. Kumar, J) Sanjay/- U T