Prabhakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.976 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- TARAIYA District- Saran ====================================================== PRABHAKAR SINGH S/O RUP NARAYAN SINGH R/O VILLAGESAREYA RATNAKAR, P.S- TARAIYA, DISTT.- SARAN AT CHAPRA. ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

ANKU GUPTA (CIRCLE OFFICER) TARAIYA BLOCK, CIRCLE OFFICER, P.S. - TARAIYA, DISTT. - SARAN AT CHAPRA. BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Prakash Chandra Jha, Advocate For the Respondent/s :

Mr. Binay Krishna, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2024

1. Heard learned counsel for the appellant, Mr. Binay Krishna learned Spl.P.P. for the State and learned counsel appearing on behalf of the respondent no. 2.

2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 16.01.2024 in A.B.P. No. 3877 of 2023 passed by the learned Special Judge SC/ST, Saran at Chapra in connection with Taraiya P.S. Case No. 318 of 2023 registered under Sections 384, 385, 353, 500, 506, 120(b) of the Indian Penal Code, Sections 66(A)(a)(b) of the IT Act as well as Sections 3(i) (r)/3(2)(va) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.976 of 2024(4) dt.15-04-2024 2/2

3. The case was taken up on 10.04.2024 when the learned counsel appearing on behalf of the respondent no. 2, after some argument, had sought time on the ground that the appellant had not approached this Court with clean hands as he has concealed his criminal antecedent.

4. Today, when the matter is taken up, learned counsel for the appellant submits that the appellant has criminal antecedent of one another case which was instituted in the year 2017 and is on bail but then from the pleadings made in the memo of appeal, it manifests that at para 3 of the memo of appeal, it has been recorded that the appellant is a person with clean antecedent.

5. Since the appellant has approached this Court by concealing his criminal antecedent as such the Court is not inclined to entertain this appeal. Hence, this appeal stands dismissed.

(Satyavrat Verma, J) Kundan/- U T