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Patna High CourtCR. APP (SJ)/5301/2019dismissed

Naresh Kumar v. The State Of Bihar

2019-12-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5301 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== Naresh Kumar Son of Bajrangi Mehta Resident of Village- Manpur Surya Pokhar Road Pehani Koiri Tola, P.S.- Buniyadganj, District- Gaya. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Prithivi Raj Singh, Advocate For the Respondent/s :

Mr.Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-12-2019 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned Exclusive Special Judge, SC/ST Act, Gaya, in connection with Buniyadganj Police Station Case No.116 of 2019 registered under Sections 341/323/308/504/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

A bare perusal of the FIR makes out a case against the appellant of commission of offence under Section 3(2)(Va) read with schedule attached to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Hence,

Patna High Court CR. APP (SJ) No.5301 of 2019(2) dt.05-12-2019 2/2 bar of entertainment of prayer for anticipatory bail as incorporated under Section 18 and 18A of the Act is applicable. Therefore, I am not inclined to interfere with the refusal of prayer for anticipatory bail.

Accordingly, this appeal is dismissed as devoid of any merit.

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