Gopal Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.244 of 2018 Arising Out of PS.Case No. -27 Year- 2017 Thana -SC/ST District- BUXAR ====================================================== Gopal Tiwari, Son of Late Singhsan Tiwari, resident of Village- Rajdihan, P.S.- Dumraon, District- Buxar.

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Bachan Jee Ojha, Adv. For the Respondent/s : Smt.Usha Kumari No.-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned A.D.J.-I-cum-Special Judge, Buxar in connection with SC/ST P.S.Case No. 27 of 2017 registered under Sections 341, 323, 379, 384, 504, 506 of the Indian Penal Code as well as under Sections 3(I)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.

A bare perusal of the FIR would reveal that the offences under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are prima facie disclosed in the FIR. Hence, prayer for anticipatory bail is barred under Section 18 of the Scheduled Castes and

Patna High Court CR. APP (SJ) No.244 of 2018 (3) dt.16-02-2018 Scheduled Tribes (Prevention of Atrocities) Act. Therefore, I am not inclined to interfere with the impugned order, whereby prayer for anticipatory bail was not entertained and this appeal is dismissed as devoid of any merit. (Birendra Kumar, J) Nitesh/- U T