This disposal concerns an appeal for anticipatory bail filed under the SC/ST Act against the refusal of such relief. The Court dismissed the appeal as non-maintainable, relying on the fact that the police had filed the final report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2471 of 2021
Arising Out of PS. Case No.-4 Year-2021 Thana- SC/ST District- Saran
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... ... Appellant/s
Versus
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
5 13-10-2022 Heard the parties.
Learned counsel for the respondent no.2/informant has filed a counter-affidavit in the Court today. The same is taken and kept on record.
This is an appeal under section 14 A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter in short referred to as the ‘SC/ST Act’) against the refusal of prayer for anticipatory bail
Patna High Court CR. APP (SJ) No.2471 of 2021(5) dt.13-10-2022 2/2
vide order dated 17.03.2021, passed by learned 1st Additional Sessions Judge-cum- Spl. Judge, SC/ST (POA) Act, Saran at Chapra, in connection with Sonpur P.S. Case No.04 of 2021, registered under sections 323, 341, 354(B), 379, 504, 506 of the IPC and sections 3(i)(x) of the SC/ST Act.
Learned counsel for the respondent no.2 submits that after investigation, police has filed final form, therefore this appeal for grant of anticipatory bail is not maintainable.
Considering the aforesaid fact, this appeal is dismissed as non-maintainable.
(Anjani Kumar Sharan, J)
pallavi/-
U T
2 issues framed by the court
Whether an appeal for anticipatory bail is maintainable after the police have filed the final report.
Whether the appeal under section 14A(2) of the SC/ST Act ought to be dismissed as non-maintainable.
2 provisions across 2 enactments
Raju Kumar Singh
Sanjay Singh
Brij Kishore Singh
Shashikant Singh
Vidha Singh
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
