Madan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1273 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -JANTA BAZAR District- SARAN ======================================================

1. Madan Yadav Son of late Hira Yadav,

2. Sanjit Kumar Yadav @ Ajit Kumar @ Ajit Yadav Son of Madan Yadav

3. Amit Kumar Yadav Son of Madan Yadav

4. Tufani Yadav Son of Jai Narayan Yadav

5. Rajesh Pandey Son of late Dharmnath Pandey

6. Ramesh Yadav Son of Hari Shankar Yadav All are residents of village-Panditpur, P.S.-Janta Bazar, District-Saran .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Jha, Advocate For the Respondent/s : Mr. Sri Tarkeshwar Nath Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 06-04-2017 Heard learned counsel for the appellants as well as learned Additional P.P.

The allegation happens to be an outcome of post poll scenario whereunder prosecution party who happens to be a member of Scheduled Castes have been victimized as they have not voted in favour of the appellants. The allegation on its face substantiates the ingredient having prescribed under Section 3 (n) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act that means in terms of Section 18 of the Act instant appeal in form of anticipatory bail is found non-maintainable and is accordingly dismissed.

Patna High Court CR. APP (SJ) No.1273 of 2016 (8) dt.06-04-2017 2/2 However, at the time of consideration of prayer for regular bail the learned lower court will not found influenced by the instant order.

(Aditya Kumar Trivedi, J) Vats/- U T