Rajeev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3479 of 2019 Arising Out of PS. Case No.-324 Year-2019 Thana- MASAUDHI District- Patna ====================================================== 1.
Rajeev Yadav, aged about 23 years, Male, Son of Lali Yadav Resident of Village - Gurupati Chak, P.S.- Masaurhi, Dist.- Patna. 2.
Shyambabu Yadav, aged about 24 years, Male, Son of Late Upendra Yadav Resident of Village - Gurupati Chak, P.S.- Masaurhi, Dist.- Patna. 3.
Vikash Yadav, aged about 20 years, Male, Son of Shyambabu Yadav Resident of Village - Gurupati Chak, P.S.- Masaurhi, Dist.- Patna. 4.
Prince Yadav, aged about 25 years, Male, Son of Shyambabu Yadav Resident of Village - Gurupati Chak, P.S.- Masaurhi, Dist.- Patna. ... ... Appellants
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellants :
Mr. Surendra Kumar Mishra, Advocate For the Respondent :
Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-11-2019 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 bail by order dated 07.06.2019 in A.B.P.No.4061 of 2019 by the learned ADJ-XIII-cum-Special Judge, SC/ST, Act, Patna in connection with Masaurhi P.S.Case No.324 of 2019 under Sections 341, 323, 504 and 506/34 of the Indian Penal Code and Sections 3(i) (r) (v) of SC/ST Act.
According to FIR, the appellants allegedly assaulted
Patna High Court CR. APP (SJ) No.3479 of 2019(6) dt.28-11-2019 2/2 the informant by taking his caste name, the assault was committed with iron rod etc., as a result whereof, the informant got injured.
The prayer for anticipatory bail has been declined by the learned court below on the ground that such prayer is not maintainable in view of the bar under Section 18 of SC/ST (Prevention of Atrocities) Act, I do not find any infirmity with the reasons of the learned court below, hence, this appeal stands dismissed as devoid of merit (Birendra Kumar, J) B.Kr./- U T