Radhey Jha @ Radhey Shyam Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.384 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -SC/ST District- JAMUI ======================================================
1. Radhey Jha @ Radhey Shyam Jha Son of Late Koknath Jha Resident of Village-Sonpey P.S. and District Jamui .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-05-2017 Heard learned counsel for the appellant as well as learned Spl.P.P.
Inspite of specific order dated 27.04.2017 whereunder, appellant was directed to furnish certified copy of the order by which, he has been recognized as an accused in the present case in the background of the fact that appellant has not been named as an accused but he failed to file such kind of order. The conduct of the appellant suggests that as yet, he has not been made an accused. Though under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, prayer for anticipatory bail is not at all maintainable but, considering the relaxation having provided under paras 27 as well 28 of the Bisheshwar Mishra's case reported in 2016 (4) PLJR 1058, the status of the appellant
Patna High Court CR. APP (SJ) No.384 of 2017 (5) dt.01-05-2017 2/2 has to be recognized, first. From the order impugned, it is evident that the learned lower court had not identified the appellant to be an accused in the present case, that means to say, Jamui S/C, S/T PS case no. 40/2016. Though having incorporated in the order that the name of the appellant has transpired in para 18 of the case diary, blanket anticipatory bail is non-permissible in the eyes of law that had already been settled at rest.
Consequent thereupon, instant appeal in its present form is found non-maintainable and is accordingly, rejected. However, it is made clear that appellant may re-agitate the matter after being identified as an accused. (Aditya Kumar Trivedi, J.) rinkee/- U T