Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5360 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- SC/ST District- Bhojpur ====================================================== VIJAY YADAV Son of Late Chandeo Yadav Resident of Village - Pirouta, P.S. - Ara Mufassil, Dist.- Bhojpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Manoj Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 Heard the parties.

By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 8.11.2019 passed in SC/ST P.S.Case No.41 of 2019 dated 19.10.2019for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s)/3(2)(va) of SC/ST Act POA Act by the learned Addl. Sessions Judge -1st, Bhojpur at Ara whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

As per FIR, there is allegation against the appellant that he abused the informant by taking caste name. Submission of the learned counsel for the appellant

Patna High Court CR. APP (SJ) No.5360 of 2019(2) dt.09-12-2019 2/2 is that he has been implicated in thit case due to political rivalry and the allegation appears to be absurd, however, the learned Special P.P. has opposed the prayer for bail on the ground that there is specific allegation against this appellant. Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant privilege of anticipatory bail to the appellant, however, if he surrenders and pray for regular bail, the same shall be considered on the basis of the materials against him on its own merit without being prejudiced by the order of this Court and if possible to be disposed of on the same day.

With the above direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T