Chandan Kumar v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1026 of 2017 (02) dt.10-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1026 of 2017 Arising Out of PS.Case No. -26 Year- 2015 Thana -SC/ST District- JEHANABAD ======================================================

1. Chandan Kumar, son of Binda Yadav, Resident of Village- Kaldi, Police Station- Parasbigha in the district of Jehanabad. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ranjeet Kumar-Advocate For the Respondent/s : Smt Usha Kumari No-1-S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-05-2017 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.

It has been submitted on behalf of appellant that during course of submission of chargesheet, appellant was not sent up for trial, but the learned lower Court differing there from also summoned the appellant along with others after taking cognizance of an offence punishable under different heads including that of S.C./S.T. (Prevention of Atrocities) Act. So, appellant should be allowed the privilege of anticipatory bail.

On the other hand, learned Special Public Prosecutor opposed the prayer.

The Hon'ble Apex Court in Bachu Das vs. State of Bihar & others reported in (2014) 3 SCC 471 as well as Manju

Patna High Court CR. APP (SJ) No.1026 of 2017 (02) dt.10-05-2017 Devi vs. Onkarjit Singh Ahluwalia @ Omkarjeet Singh & Ors. relating to Cr. Appeal No.570 of 2017 arising out of Special Leave Petition (Cri.) No.1929 of 2015, observed that after cognizance, prayer for anticipatory bail did not lie. Consequent thereupon, instant appeal is found deficient one whereupon, is dismissed.

(Aditya Kumar Trivedi, J) Vikash/- U T