Mahesh Yadav @ Mahesh Biraji @ Mahesh vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 508

HARISH KUMAR
Mahesh Yadav @ Mahesh Biraji @ Mahesh – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Appellants : Mr. Kundan Kumar Singh.
For the Respondents: Mr. Sadanand Paswan, Spl.PP.
For the Resp. No.2 : Mr. Gopal Krishna Jha.

ORDER

Heard Mr. Kundan Kumar Singh, learned Advocate for the appellants and learned Spl. PP for the State. Respondent no.2 appeared suo motu through Mr. Gopal Krishna Jha, learned Advocate.

2. The present appeal under Section 14-A(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC/ST Act’) has been preferred against the order dated 20.12.2023, passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Araria in connection with Complaint case no. 132 of 2020 registered for the offences punishable under Sections 323, 379, 354B, 504 of the Indian Penal Code read with Section 3(1)(r) of the SC/ST Act, whereby and whereunder the learned Special Judge has been pleased to reject the prayer for grant of anticipatory bail of the appellants.

3. The complainant accuses that on 02.06.2020 while he along with his family members had gone to his field to pluck maize crop, in the meantime, co-accused Devendra Yadav along with other accused persons came there and started abusing by taking the caste name and told him to sell out the land, in question. The accused persons further started removing the bags of maize. On protest, all

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