The High Court dismissed the criminal appeal, holding that it was filed under the guise of anticipatory bail but became non-maintainable as cognizance had already been taken under the SC/ST (POA) Act, citing the principle in Bachhu Das.
The appeal is dismissed as it is non-maintainable being filed under the garb of anticipatory bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.514 of 2017
Arising Out of PS.Case No. -85 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA
====================================================== 1. Anoj Yadav, Son of Late Jit Narayan Yadav, Resident of Village-Shiv Nagar, jamuaha, Police Station-Kumarkhand, District-Madhepura.
.... .... Appellant/s
Versus 1. The State of Bihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Uday Chand Prasad, Appellant For the Respondent/s : Mr. Binay Krishna, SpL. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
2 08-04-2017 Heard learned counsel for the appellant as well as learned Spl. P.P.
From the order impugned, it is evident that cognizance of an offence had already been taken under the SC/ST (POA) Act on account thereof, in terms of principle laid down by Hon’ble Apex Court in Bachhu Das Vs. state of Bihar and others as reported in (2014) 3 SCC 471, the instant memo of appeal under the garb of an anticipatory bail is found non maintainable and it is accordingly, dismissed.
(Aditya Kumar Trivedi, J)
Sudha/U T
1 issue framed by the court
Whether an appeal filed under the garb of anticipatory bail is maintainable when cognizance has already been taken under the SC/ST (POA) Act?
Colour shows how this judgement treated each authority
Bachhu Das Vs. state of Bihar and othersReferred¶9
(2014) 3 SCC 471 · Who else cites this
Anoj Yadav
State of Bihar
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
