Rohit Singh @ Rohit Kumar Singh @ Rohit Kumar v. THE STATE OF BIHAR
Case at a glance
- Bench
- ANJANI KUMAR SHARAN
Outcome
Dismissed
Accordingly, this appeal is dismissed
Provisions considered
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 s. 3(1)(r)(s)
- Indian Penal Code, 1860 ss. 34, 307
- Code of Criminal Procedure, 1973 s. 41(1)
Key paragraphs
- Para 22. Vikas Kumar Manjhi Sunil Manjhi Resident of Village-Banwari Basant,P.S- Garkha, District-Saran ... ... Respondent/s ====================================================== Appearance : Mr. Dr. Rajesh Kumar Singh : For the Appellants For the Respondents Mr. Binay Krishna : Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN…
Judgment
Rohit Singh @ Rohit Kumar Singh @ Rohit Kumar Son of Shashibhushan Singh Resident of Village- Shripal Basant, P.S.- Garkha, District- Saran. Versus ... ... Appellants.
THE STATE OF BIHAR
Vikas Kumar Manjhi Sunil Manjhi Resident of Village-Banwari Basant,P.S- Garkha, District-Saran ... ... Respondent/s ====================================================== Appearance : Mr. Dr. Rajesh Kumar Singh : For the Appellants For the Respondents Mr. Binay Krishna : Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 3 11-07-2022 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. Learned counsel for the appellants undertakes to remove the defects within four weeks. In the eventuality of non- removal of defects within undertaken period, the office will place the matter before the Bench. This is an appeal under Section 14(A)(2) of the Patna High Court CR. APP (SJ) No.1182 of 2021(3) dt.11-07-2022 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 17.12.2020 passed by learned 1stAdditional Sessions Judge cum Special Judge (SC/ST Act), Saran at Chapra in connection with SC/ST P.S. Case No.
Operative part
70 of 2019 registered under Section 307/34 of the Indian Penal Code and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case due to dirty village politics. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. It is further submitted that the appellants were enjoying the privilege of Section 41 (1) of the Cr.P.C. but, later on, police has filed charge sheet against them and cognizance has been taken against them. Learned Spl. PP for the State assisted by learned counsel for the respondent no.2 vehemently opposing the prayer for bail submitted that in view of the judgment passed in the case of Bachu Das Vs. State of Bihar and others since Patna High Court CR. APP (SJ) No.1182 of 2021(3) dt.11-07-2022 reported in (2014) 3 Supreme Court Cases 471 anticipatory bail application is not maintainable before this Court. In the facts and circumstances of the case, I am not inclined to enlarge the appellants on bail. The prayer for bail is hereby rejected. Accordingly, this appeal is dismissed. (Anjani Kumar Sharan, J) Trivedi/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this appeal is dismissed
Which statutory provisions did this judgment involve?
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s); Indian Penal Code, 1860 — ss. 34, 307; Code of Criminal Procedure, 1973 — s. 41(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.