Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.767 of 2018 Arising Out of PS.Case No. -360 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================
1. Rohit Kumar S/o Nand Kishore Yadav, R/o Village- Karamawa, P.S.- Turkauliya, District- East Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Rajesh Kumar, Adv For the Respondent/s : Mr. Sadanand Paswan, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-07-2018 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 08.01.2018 by the learned 1st Addl. Sessions Judge-cum-Special Judge, East Champaran Motihari in connection with Turkauliya P.S.Case No. 360 of 2016 registered under Sections 341,323,353,382,383,504,506 of the Indian Penal Code as well as under Sections 3(i)(i)(x) of the Scheduled Castes and Scheduled Tribes Act.
It appears that having similar allegation, co-accused Arjun Kumar Yadav was not allowed anticipatory bail by a Coordinate Bench of this Court in Cr. Appeal (SJ) No.1895 of
Patna High Court CR. APP (SJ) No.767 of 2018 dt.05-07-2018 2/2 2017 for the reason that prima facie offence under the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was already disclosed in the FIR. Since allegation against the appellant is similar to Arjun Kumar Yadav, this appeal against refusal of prayer for anticipatory bail is devoid of any merit.
Accordingly, it stands dismissed.
The appellant may surrender and pray for regular bail within three weeks, failing which the learned court below shall be at liberty to take all steps for apprehension of the appellant.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.07.2018 Transmission Date 06.07.2018