Md. Shamsher @ Shamsher Alam @ Md. Shamsher And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2051 of 2018 Arising Out of PS.Case No. -49 Year- 2018 Thana -THAKURGANJ District- KISANGANJ ===========================================================

1. Md. Shamsher @ Shamsher Alam @ Md. Shamsher, Son of Ajajul alias Md Ajijul,

2. Ajajul @ Md Ajijul, Son of Late Alauddin, Both resident of Village- Dogachhi, P.S.- Thakurganj, District- Kishanganj.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Ram Pravesh Kumar, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 16-08-2018 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 28.05.2018 by the learned Special Judge SC/ST Act, Kishanganj in connection with Thakurganj P.S.Case No. 49 of 2018 registered under Sections 328,302,34 of the Indian Penal Code and Sections 3(2)(va) (5)of the Scheduled Castes and Scheduled Tribes Act.

Considering the nature of allegation disclosed in the FIR, in my view also, this is not a fit case for grant of anticipatory bail. Hence, I am not inclined to interfere with the

Patna High Court CR. APP (SJ) No.2051 of 2018 dt.16-08-2018 2/2 impugned order, whereby prayer for anticipatory bail of the appellants has been refused by the learned Special Judge, Kishanganj.

The appellants may surrender within three weeks and pray for regular bail which shall dispose of without being prejudiced by this order.

Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date18.08.2018 Transmission Date 18.08.2018