BISHESHWAR MISHRA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) These petitions have been filed by different persons, who are accused in different cases, for grant of pre-arrest bail in terms of Sec. 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 Sec. 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 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 Vs. The State of Bihar) , the learned single Judge, taking note of insertion of new Sec. 14-A in the Act, vide The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short the Amendment Act, 2015) dismissed the application of the petitioner filed, under Sec. 438 of the Code, for grant of pre-arrest bail holding the same to be not maintainable and granted liberty to the petitioner to file an appropriate appeal in terms of Sec. 14-A of the Amendment Act, 2015.