Pramod Yadav @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4206 of 2022 Arising Out of PS. Case No.-692 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== 1.

PRAMOD YADAV @ PRAMOD KUMAR S/O RAMSHWARUP YADAV Resident of village- Guriama Tola Siho, P.S.- Mohanpur, District- Gaya. 2.

RAMSHWARUP YADAV @ SARUP YADAV S/O LATE JAGDEO YADAV Resident of village- Guriama Tola Siho, P.S.- Mohanpur, DistrictGaya. 3.

BINESHWAR YADAV @ BINDESHWAR YADAV S/O LATE FULCHAND YADAV Resident of village- Guriama Tola Siho, P.S.- Mohanpur, District- Gaya.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sibiya Devi W/o Narayan Chauhan R/o vill- Guriyawan Tola Sido, P.S.- Mohanpur, Dist- Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ajay Kumar Sinha For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2023 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

This appeal has been preferred against the order dated 19.10.2022 passed by learned Exclusive Special Judge, SC/ST, Gaya in A.B.P. No.239 of 2022 arising out of Barachatti P.S. Case No.692 of 2022 registered under Sections 341, 323, 379, 354, 307, 504, 506 and 34 of the Indian Penal Code and Sections 3(i)(r)(s)(w) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the

Patna High Court CR. APP (SJ) No.4206 of 2022(6) dt.18-05-2023 2/2 prayer for anticipatory bail of the appellants has been rejected. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in this case. The appellants have committed no offence as alleged in the F.I.R. He further submits that the appellants have got clean antecedents.

Learned Special P.P. for the State vehemently opposed the prayer for bail of the appellants by contending that there is specific allegation of assault to the son of the informant and others and hurling abusive language of caste against the appellants. On account of which, the injured sustained injuries. Therefore, the appellants do not deserve anticipatory bail. Considering the aforesaid facts and submissions advanced on behalf of the parties as well as the nature of allegations made against the appellants, this Court is not inclined to grant bail to the appellants. Accordingly, their prayer for anticipatory bail is rejected.

Accordingly, the appeal is dismissed.

(Arvind Srivastava, J) Harish/- U T