Pappu Mandal @ Pankaj Mandal @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.474 of 2018 Arising Out of PS.Case No. -374 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Pappu Mandal @ Pankaj Mandal @ Pankaj Kumar, son of Late Badri Narayan Mandal, Resident of Village Parwa Navtol, Ward No. 7, P.S. Murliganj, District- Madhepura.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Mukesh Kumar Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned Special Judge (SC/ST Act), Madhepura, in connection with Murliganj Police Station Case No.374 of 2017 registered under Sections 302/120B/34 of the Indian Penal Code and Section 3(i)(r)(p) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Though the appellant is under suspicion to have committed murder, the offence under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is applicable. Therefore, bar under Section 18 of the Act is

Patna High Court CR. APP (SJ) No.474 of 2018 (3) dt.09-03-2018 P2/ attracted.

Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid fact, this appeal against the refusal of prayer for anticipatory bail is not maintainable. In the event of surrender of the appellant and prayer for regular bail, this order shall not prejudice the learned Court-below. Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) Mkr./- U T