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2016 Supreme(Pat) 991

I.A.ANSARI, ASHWANI KUMAR SINGH
Bisheshwar Mishra – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Alok Kumar Choudhary, Advocate, Mr. Kulanand Jha, Advocate, Mr. Nagendra Kumar, Advocate, Mr. Mrigendra Kumar, Advocate, Mr. Arvind Kumar, Advocate, Mr. Suresh Prasad Sharma, Advocate, Mr. Davendra Kumar Pandey, Advocate, Mr. Sunil Prasad Singh, Advocate, Mr. Devendra Narayan Singh, Advocate, Mr. Hans Lal Kumar, Advocate, Mr. Vijay Kumar, Advocate, Mr. Dhananjaya Nath Tiwari, Advocate, Md. Nafisuzzoha, Advocate, Mr. Dewendra Narayan Singh, Advocate, Mr. Ajay Kumar Singh, Advocate, Mr. Umesh Kumar, Advocate
For the Opposite Parties : Mr. Sadanand Paswan, Spl. PP, Mr. Binay Krishna, Spl. PP

JUDGMENT :

ASHWANI KUMAR SINGH, J.

These petitions have been filed by different persons, who are accused in different cases, for grant of pre-arrest bail in terms of Section 438 of the Code of Criminal Procedure, 1973 (for short Code). First Information Reports were instituted against them at different police stations of the State of Bihar for having allegedly committed offences punishable under various provisions of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act) and the Indian Penal Code, 1860 (for short IPC). The applications of accused persons, in these cases filed under Section 438 of the Code, have already been rejected by different Courts of Sessions of the different districts of the State of Bihar.

2. In course of argument, in Cr. Misc. No. 25276 of 2016 (Bisheshwar Mishra and Anr. vs. State of Bihar), two conflicting orders passed by a learned single Judge, in two different cases, came to the notice of the learned single Judge.

3. In Cr. Misc. No. 24733 of 2016 (Dinesh Kumar and Ors. vs. The State of Bihar), the learned single Judge, taking note of insertion of new Section 14-A in the Act, vide The Scheduled Castes and The















































































































































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