Patna High Court
Ashok Yadav @ Ashok Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SUNIL DUTTA MISHRA
Holding
The appeal was dismissed as not pressed, without addressing the merits of the anticipatory bail application.
Summary
The appellant, Ashok Yadav, filed a criminal appeal challenging the order of the Exclusive Special Judge, SC/ST, Gaya, which had rejected his application for anticipatory bail in a case registered under multiple sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appeal was heard before Justice Sunil Dutta Mishra. The appellant’s counsel expressed that he no longer wished to pursue the appeal, and the State’s special public prosecutor raised no objection to this request. Considering the parties’ submissions, the court held that the appeal could be disposed of as it was not being pressed. Consequently, the appeal was dismissed without further adjudication on the merits of the anticipatory bail application.
Issues considered
- Whether the appellant is entitled to anticipatory bail under the IPC and SC/ST Act provisions.
- Whether an appeal can be dismissed when the appellant elects not to press it.
Legislation cited
- Indian Penal Code — s. 147, 149, 307, 323, 325, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- appeal not pressed
- criminal procedure
- scheduled castes and tribes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5197 of 2024
Arising Out of PS. Case No.-19 Year-2024 Thana- SC/ST District- Gaya
======================================================
Ashok Yadav @ Ashok Kumar Yadav Son of Nanku Yadav village-
Hiribagicha, Post- Dema, Ps- Mohanpur, Hiribagicha, bodh Gaya, Dist- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Meena Devi Wife of Kaila Manjhi village- Kaila Manjhi, Panchayat- Dema,
Ps- Mohanpur, Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aiman Hassan, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the appellant and learned
Spl. P.P. for the State.
2. This appeal has been filed against the order dated
11.06.2024 passed by learned Exclusive Special Judge, SC/ST,
Gaya in connection with A.B.P. No. 182 of 2024, arising out of
SC/ST P.S. Case No. 19 of 2024, registered under Sections 147,
149, 341, 323, 325, 307, 504, 506 of the Indian Penal Code and
Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellant has been rejected.
3. Learned counsel for the appellant submits that he
does not want to press this appeal, therefore, this appeal may be
Patna High Court CR. APP (SJ) No.5197 of 2024(3) dt.19-03-2026
2/2
disposed of.
4. Learned Spl. P.P. for the State has no objection to
this prayer of the appellant.
5. In view of the submissions of learned counsels for
the parties, this appeal stands disposed of as not pressed.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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