Pankaj Mishra @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2881 of 2019 Arising Out of PS. Case No.-130 Year-2018 Thana- CHENARI District- Rohtas ====================================================== PANKAJ MISHRA @ PANKAJ KUMAR Son of Sri Ram Updesh Mishra @ Ram Udesh Mishra Residing at Mohalla- New Hatta, Police Station- Chenari, District- Rohtas.
... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Jay Prakash Singh For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2020 This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 15.09.2018 passed by learned 1st Additional Sessions Judge cum Special Judge (SC/ST Act), Rohtas at Sasaram in connection with Special/Registered Case No. 175/2018 registered under Sections 147, 148, 149, 302,120(B) of the Indian Penal Code and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Prayer for anticipatory bail of the appellant was already rejected by this Court vide order dated 03.01.2019 passed in Cr. Appeal(SJ) No.4409 of 2018. However, after six
Patna High Court CR. APP (SJ) No.2881 of 2019(7) dt.29-01-2020 2/2 months this anticipatory bail has been filed by the appellant. Appellant is named in the F.I.R. and there is allegation against him that he assaulted the deceased and killed him. It is submitted by learned counsel for the appellant that two F.I.R. have been lodged in connection with the present case and as a matter of fact deceased died due to accident, which appears from plain reading of the paragraphs of the case diary. However, since appellant is named in the F.I.R. with allegation, his anticipatory bail in SC/ST Act is barred by Section 18 of the Act. Hence, I am not inclined to interfere with the earlier order passed by this Court.
Heard learned Spl. PP also.
Accordingly, this appeal is dismissed.
(Vinod Kumar Sinha, J) amit/ankit U T