Surendra Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1739 of 2018 Arising Out of PS.Case No. -259 Year- 2017 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Surendra Mishra, Son of Trishun Mishra.

2. Hare Ram Mishra, Son of Surendra Mishra.

3. Radheshyam Mishra, Son of Surendra Mishra.

4. Dinanath Mishra @ Dinanath Kumar Mishra, Son of Surendra Mishra, All are resident of Village- Sherpur, Police Station- Chapra Muffasil, District- Saran. .... .... Appellant/s

Versus

1. The State of Bihar. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Krishna Kumar Singh, Adv For the Respondent/s : Mr. Sri Sadanand Paswan,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-08-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 09.10.2017 in A.B.P. No.2652 of 2017 passed by the learned 1st Additional Sessions Judge, Saran at Chapra in connection with Chapra Muffasil P.S.Case No. 259 of 2017 after 180 days from the date of impugned order. Hence, it is barred under the proviso of Section 14(A)(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Accordingly, it stands dismissed as not maintainable with liberty to the appellants to renew their prayer for anticipatory bail before the learned court below. (Birendra Kumar, J) Nitesh/- U T