Shankar Tanti @ Shiv Shanker Tanti And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.512 of 2019 Arising Out of PS. Case No.-212 Year-2014 Thana- KHAIRA District- Jamui ======================================================
1. Shankar Tanti @ Shiv Shanker Tanti, S/o Laxman Tanti
2. Raj Kumar Tanti S/o Puneet Tanti Both are resident of village-Bhandra P.S. Khaira,District- Jamui. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Kartik Kumar Sinha For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 13-02-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 05.11.2018 passed by the learned Addl. District and Sessions Judge-1st, Jamui in ABP No. 706 of 2018 arising out of Khaira P. S.Case No. 212 of 2014 registered under Sections 323, 341, 353 and 504/34 of the Indian penal Code and Sections 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation against the appellants is that they abused Amin while making measurement by taking caste name and snatched chain.
Submission of learned counsel for the appellants is that appellant no. 2 is a handicapped person however they were on
Patna High Court CR. APP (SJ) No.512 of 2019 dt.13-02-2019 2/2 police bail during investigation and have not misused the privilege of bail.
Heard learned Spl. P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to them rather they should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered on the ground that appellants were on police bail and have not misused the privilege of bail, and dispose it of, if possible, on the same day.
(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date