Krityanand Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.658 of 2018 Arising Out of PS.Case No. -174 Year- 2017 Thana -JOKIHAT District- ARRARIA ======================================================
1. Krityanand Yadav Son of late Mahabir Yadav
2. Rupesh Kumar Yadav Son of Krityanand Yadav
3. Hathi Yadav Son of Late Gavar Yadav
4. Binod Yadav @ Binod Kumar Yadav Son of Hathi Yadav
5. Dinesh Yadav @ Dinesh Kumar Yadav Son of Hathi Yadav
6. Chulhai Yadav Son of Late Anchit Yadav
7. Jhubari Yadav @ Jhubari Devi Wife of Krityanand Yadav
8. Sushila Devi Wife of Hathi Yadav. All Resident of Village-Balua P.S. Mahalgaon District Araria .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Mukesh Kumar Rana, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2018 Heard learned counsel for the parties.
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 the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Araria, in connection with Jokihat (Mahalgaon) Police Station Case No.174 of 2017 registered under Sections 341/323/354B/379/427/504/506/34 of the Indian Penal Code and Section 3(i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.658 of 2018 (2) dt.15-03-2018 P2/ Charge sheet has already been submitted in this case against the appellants. Hence, the prayer for anticipatory bail is not maintainable in view of the judgment of the Hon'ble Supreme Court in Bachchu Das V. The State of Bihar and others reported in (2014)3 SCC 471.
Accordingly, the appeal stands dismissed as not maintainable.
(Birendra Kumar, J) Mkr./- U T