Ramnath Rai @ Ramnath Yadav And ORS v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2372 of 2017 (02) dt.18-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2372 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -MANJHI District- SARAN ======================================================

1. Ramnath Rai @ Ramnath Yadav

2. Madan Yadav

3. Raju Yadav @ Raju Rai

4. Yamuna Yadav @ Yamuna Rai @ Jamuna Rai

5. Ganga Yadav @ Ganga Rai

6. Suresh Yadav .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Mukesh Kumar Singh-Advocate For the Respondent/s : Mr. Binay Krishna-S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-08-2017 Heard learned counsel for the appellants as well as learned Additional Public Prosecutor.

Prayer for anticipatory bail is not at all entertainable in terms of Section 18 of the S.C./S.T. (Prevention of Atrocities) Act and further, during course of conduction of exercise under the guise of principle laid down by the Division Bench in Bisheshwar Mishra and another vs. State of Bihar reported in 2016(4) P.L.J.R. 1058 (D.B.) case, only prima facie material has to be seen and that being so, instant appeal would not be found maintainable and is accordingly, rejected.

However, during course of consideration of regular bail, the learned lower Court will consider prevailing animosity amongst the parties as well as the delay in institution of the case. (Aditya Kumar Trivedi, J) Vikash/- U T