Manjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3377 of 2017 Arising Out of PS.Case No. -124 Year- 2013 Thana -KHIJARSARAI District- GAYA ====================================================== Manjay Singh, son of Late Brahmdeo Singh, Resident of villageNagaritawa, Police Station- Khizarsarai, District- Gaya. .... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Binod Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned Special Judge, SC/ST Cases in connection with Khizarsarai P.S.Case No. 124 of 2013 registered under Sections 147,323,324,354,504 of the Indian Penal Code as well as under Sections 3 (x) of the Scheduled Castes and Scheduled Tribes Act.

Submission of the learned counsel for the appellant is that the chargesheet has already been submitted in this case under the penal provisions of SC/ST (Prevention of Atrocities) Act also. However, due to inadvertence in the memo of appeal, it is stated that chargesheet has not been

Patna High Court CR. APP (SJ) No.3377 of 2017 (3) dt.05-01-2018 submitted under the aforesaid provisions.

Learned counsel for the informant-respondent No.2 is appearing.

In the aforesaid circumstances, bar under Section 18 of the Act is attracted. Hence, the prayer for anticipatory bail of the appellant is not maintainable. The appellant may surrender and pray for regular bail.

Accordingly, this appeal is dismissed as not maintainable.

(Birendra Kumar, J) Nitesh/- U T