Harendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4635 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== 1.

HARENDRA RAI Son of Late Kameshwar Rai 2.

Arun Rai Son of Late Bilat Rai 3.

Rudal Rai Son of Yogendra Rai All Resident of Village- Isahakpur (Isakapur), P.S.- Mahnar, DistrictViashali. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Jitendra Narain Sinha, Adv For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2020 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 05.09.2019 in A.B.P. No.1569 of 2019 arising out of Mahnar P.S.Case No.159 of 2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST, Hajipur, Vaishali registered under Sections 504,435 of the Indian Penal Code and Sections 3(I)(r)(s) & 3(2)(iii) of the Scheduled Castes and Scheduled Tribes Act.

According to FIR, for dispute arising out of nonpayment of cost of toddy by the appellants, the occurrence of

Patna High Court CR. APP (SJ) No.4635 of 2019(4) dt.17-02-2020 2/2 abuse and arson in the Hut of the informant was committed by the appellants.

The FIR prima facie discloses commission of offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, hence, I am not inclined to enlarge the appellants on anticipatory bail. Prayer is refused. Appellants may surrender and pray for regular bail. Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) Nitesh/- U T