MITHLESH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Special Public Prosecutor.

(2.) In light of finding recorded by the Division Bench in Bisheshwar Mishra v. State of Bihar reported in 2016 (4) PLJR 1058, the learned counsel for the appellants has submitted that in terms of para-27 thereof, the Court has to see prima facie with regard to allegation having so attributed whether it comes within the purview of SC/ST (POA) Act or not.

(3.) From perusal of the allegation, it is evident that same is not at all attracted and further, suffering from vagueness is another circumstance, which denotify application of SC/ST (POA) Act. That being so, allegation on its face, did not inspire confidence with regard to application of SC/ST (POA) Act and that being so, the instant appeal in form of anticipatory bail is maintainable.