Satish Sao @ Chhote Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49306 of 2015 Arising Out of PS.Case No. -67 Year- 2015 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ====================================================== Satish Sao @ Chhote Kumar son of Ramprit Sao, Resident of VillageBanauli; P.S. Gaurichak; District- Patna, Present Resident of Village- Bari Chhariari; P.S. Tharthari; District- Nalanda. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, Spl.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Tharthari P. S. Case No. 67 of 2015 registered under Sections 341, 323, 504, 379, 307, 324, 357/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act').

The present application under Section 438 of the Code of Criminal Procedure would not be maintainable in view of the specific bar created under Section 18 of the Act. In that view of the matter, the instant application is

Patna High Court Cr.Misc. No.49306 of 2015 (2) dt.02-11-2015 2/2 dismissed as not maintainable.

However, if the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Kanchan/- U T