Patna High CourtCR. APP (SJ)/5300/2019dismissed

Anuj Kumar Shukla v. The State Of Bihar

2019-12-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5300 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- RANIGANJ District- Araria ====================================================== 1.

Anuj Kumar Shukla Son of Nepali Goswami 2.

Hareram Goswami Son of Shobhnath Goswami 3.

Balram Goswami Son of Shobhnath Goswami 4.

Sanjay Goswami Son of Bhorhan Goswami 5.

Sanoj Shukla @ Sanoj Kumar Shukla Son of Nepali Goswami All are Resident of Village-Raghopur, P.S.-Raniganj, District-Araria. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Mrigendra Kumar, 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 1st Additional Sessions Judge-cum-Special Judge, Araria, in connection with Raniganj Police Station Case No.292 of 2019, registered under Sections 323/324/325/341/ 342 /379 / 392/504/295 of the Indian Penal Code and Section 3(i)(ii)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR discloses commission of assault and other

Patna High Court CR. APP (SJ) No.5300 of 2019(2) dt.05-12-2019 2/2 offences by the appellants against a member of scheduled caste. Hence, anticipatory bail application is not maintainable in view of bar under Section 18 and 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The learned Special Judge has declined to grant anticipatory bail to the appellants. Therefore, this Court is not inclined to interfere with the impugned order. Accordingly, this appeal is dismissed as devoid of merit.

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