GHANSHYAM KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Special PP for the State.

(2.) Instant memo of appeal has been preferred in accordance with Section 14A (2) of SC/ST (POA) Act asking for grant of anticipatory bail relating to Sirdalla PS Case No. 217/2015, registered under Sections 302, 307, 379/34 of the IPC and Section 3(i) (x), 3 (ii) (v) of the SC/ST (POA) Act.

(3.) Referring the written report having been filed at the end of informant, Nagendra Kumar Mehta, learned counsel for the appellant has submitted that no offence under Section SC/ST (POA) Act is made out even on cursory perusal of the written report. It has also been submitted that appellant happens to be a police personnel who along with others were on patrolling and during course thereof, the leader of the patrolling team, ASI tried to prevent the gambling being played by some unscrupulous persons whereupon, they were joined by a mob who became unruly and tried to snatch the rifles, public property and also endangered the life of police personnel and then, lastly to save their life as well as to forbid the hooliganism fired in their right of private defence to save their life as well as property while discharging their official duty and so without requisite sanction, the prosecution would not survive and so, for the present, the appellant is entitled for grant of anticipatory bail.