← Library
Patna High CourtCR. APP (SJ)/5126/2019withdrawn

Rajendra Sah v. The State Of Bihar

2020-01-06Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5126 of 2019 Arising Out of PS. Case No.-73 Year-2017 Thana- SC/ST District- Araria ====================================================== 1.

Rajendra Sah Son of Late Domi Sah Resident of Village - Kathara, ward No. 11, P.S.- Forbesganj, Distt - Araria.

2.

Umesh Sah Son of late Domi Sah Resident of Village - Kathara, ward No. 11, P.S.- Forbesganj, Distt - Araria.

3.

Ajay Sah @ Ajay Kr. Sah Son of Shree Umesh Sah Resident of Village - Kathara, ward No. 11, P.S.- Forbesganj, Distt - Araria. 4.

Vijay Sah @ Vijay Kr. Sah Son of Shree Umesh Sah Resident of Village - Kathara, ward No. 11, P.S.- Forbesganj, Distt - Araria. 5.

Navin Sah Son of Shree Rajendra Sah Resident of Village - Kathara, ward No. 11, P.S.- Forbesganj, Distt - Araria.

6.

Ghapla Sah @ Kapil Sah Son of Shree Rajendra Sah Resident of Village - Kathara, ward No. 11, P.S.- Forbesganj, Distt - Araria. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rama Nand Poddar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-01-2020 Since the cognizance of the offences under various provisions of the Indian Penal Code as well as SC/ST (POA) Act has been taken upon finding a prima-facie case and the appellants are said to have been summoned by the court below, at this stage the present appeal for grant of anticipatory bail is not fit to be entertained. It is because under the SC/ST (POA) Act there is no provision for grant of anticipatory bail and now that a prima-facie case has been made out and cognizance has

Patna High Court CR. APP (SJ) No.5126 of 2019(4) dt.06-01-2020 2/2 been taken, this Court is not inclined to entertain this appeal. At this stage, learned counsel for the appellants seeks permission to withdraw this appeal with liberty to challenge the order taking cognizance and issuance of summons in an appropriate proceeding.

Permission is granted.

This appeal is dismissed as withdrawn but with liberty as prayed.

(Rajeev Ranjan Prasad, J) arvind/- U T