Banarsi Rajak vs The State Of Bihar &Amp; Anr on 19 August, 2010

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.789 of 2009

                 BANARSI RAJAK S/O OF LATE LOBHIT RAJAK, R/O VILL.
                 KIRATPUR RAJARAM, P.S. BHAGWANPUR, DIST. VAISHALI,
                 PRESENTLY POSTED AS ASSISTANT TEACHER IN MIDDLE
                 SCHOOL RAMPUR WITHIN BHAGWANPUR BLOCK OF
                 VAISHALI DISTRICT.
                                                       --- PETITIONER
                                        Versus
             1. THE STATE OF BIHAR
             2. HARISHANKAR PRASAD SINGH SON OF RAM NAGINA SINGH R/O
                VILL. IMADPUR, P.S. BHASWARPUR, DIST. VAISHALI, PRESENTLY
                POSTED AS ASSISTANT TEACHER IN MIDDLE SCHOOL (
                UTKRAMIT), RAMPUR, ASURAR WITHIN BHAGWANPUR, BLOCK
                OF VAISHALI, DIST.
                                                       -- OPP.PARTIES.
                                          -----------

02 19.08.2010 Learned counsel for the petitioner while pressing this

application submits that the F.I.R. was recorded under diverse

Sections of the Penal Code including Section 3(1) (X) SC/ST

(Prevention of Atrocities) Act. Section 18 of the said Act bars

grant of anticipatory bail. It is contended that learned trial Court,

on perusal of the case diary, has found that there is general

allegation against the petitioner.

This Court is satisfied that petitioner should have first

moved the same Court who passed the impugned order.

                                The application is disposed of


Sym                                                       ( Kishore K. Mandal, J.)