Patna High CourtCR. APP (SJ)/3966/2019dismissed

Sonu @ Sonu Kumar @ Sonu Kumar Yadav v. The State Of Bihar

2020-02-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3966 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- KOPA District- Saran ====================================================== 1.

SONU @ SONU KUMAR @ SONU KUMAR YADAV Son of Ram Chandra Rai Resident of Village - Majona, P.S.- Rasulpur, District- Saran at Chapra, At present Address Village - Dewariya, P.S.- Kopa, District- Saran at Chapra 2.

Guddu @ Vikash Singh Son of Sakaldeep Singh 3.

Ranjeet Sah Son of Yogendra Sah 4.

Rahul Sah Son of Surendra Sah 5.

Sanjay Yadav Son of Rajendra Yadav All are Resident of Village - Dewariya, P.S.- Kopa, District- Saran at Chapra ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Vijay Kumar, Adv For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2020 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 30.07.2019 in connection with Kopa P.S.Case No.79 of 2019 passed by the learned Additional Sessions Judge 1st -cum-Special Judge SC/ST, Saran at Chapra registered under Sections 341,323,504,506/34 of the Indian Penal Code and Sections 3(r)(s) of the Scheduled Castes and Scheduled Tribes Act.

Patna High Court CR. APP (SJ) No.3966 of 2019(3) dt.13-02-2020 2/2 Since the FIR prima facie discloses accusation of commission of offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, hence, prayer for anticipatory bail is not maintainable.

Accordingly, this appeal is dismissed as not maintainable.

However, in the event of surrender, prayer for regular bail shall be considered without being prejudiced by this order. (Birendra Kumar, J) Nitesh/- U T