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Patna High Court

Lallu Kumar @ Lallu YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed; anticipatory bail is not maintainable once cognizance is taken for offences under the SC/ST Act.

Summary

The appellants, three brothers, were charged under several provisions of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged offences. They applied for anticipatory bail, which the trial court rejected, prompting this appeal. The State argued that anticipatory bail could not be entertained because the trial court had already taken cognizance of the offences under the SC/ST Act, relying on the Supreme Court decision in Bachu Das v. State of Bihar. The High Court examined the applicability of that precedent and held that once cognizance is taken for offences under the SC/ST Act, pre‑arrest bail is not maintainable. Consequently, the court dismissed the appeal and upheld the trial court's refusal of anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted when cognizance has been taken for offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
  • Whether the Supreme Court’s ruling in Bachu Das v. State of Bihar is binding on the present case.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • SC/ST Act
  • cognizance
  • Supreme Court precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1060 of 2025
                      Arising Out of PS. Case No.-5 Year-2025 Thana- JAMHOR District- Aurangabad
                 ======================================================
           1.     Lallu Kumar @ Lallu Yadav Son of Shiv Pujan Yadav Village -Pethari PS
                  -Jamhore District -Aurangabad
           2.    Bir Bahadur Kumar Son of Shiv Pujan Yadav Village- Pethari PS -Jamhore
                 District -Aurangabad
           3.    Sintu Kumar Son of Shiv Pujan Yadav Village- Pethari PS -Jamhore District
                 -Aurangabad

                                                                                  ... ... Appellant/s
                                                       Versus

           1.    The State of Bihar
           2.    Nitish Kumar Son of kamlesh Paswan Village- Pethari PS -Jamhore District
                 -Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants      :        Mr. Rakesh Singh, Advocate
                 For the State           :        Mr. Binay Krishna, Spl.PP
                 For the Informant       :        Ms. Alka Panday, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   16-04-2026                 Heard learned counsel for the appellants, learned

                   Spl.PP      for    the    State     and      learned     counsel      for       the

                   informant/Respondent No. 2.

                               2. This appeal has been filed for setting aside order

                   dated 17.02.2025 passed by the learned 1st District and

                   Additional Sessions Judge, Aurangabad in connection with

                   A.B.A. No. 367 of 2025 arising out of Jamhore P.S. Case No. 05

                   of 2025 which was registered for the offence punishable under

                   Sections 126(2), 115(2), 324(4), 351(2), 352 and 3(5) of the
             Patna High Court CR. APP (SJ) No.1060 of 2025(5) dt.16-04-2026
                                                          2/2




                       B.N.S. and Sections 3(1), 3(1)(r), 3(1)(s) and 3(2)(va) of the

                       Scheduled Castes and Scheduled Tribes (Prevention of

                       Atrocities) Act, whereby the prayer for grant of anticipatory bail

                       of these appellants has been rejected.

                                    3. At the outset, it is submitted by learned Spl.P.P.

                       appearing on behalf of the State and learned counsel for the

                       informant/Respondent No. 2 that the prayer for grant of pre-

                       arrest bail to the appellants is not maintainable, as cognizance

                       has already been taken by the learned trial court for the offences

                       punishable under the Scheduled Castes and Scheduled Tribes

                       (Prevention of Atrocities) Act. In this regard, reliance is placed

                       upon the case of Bachu Das Vs. State of Bihar and others

                       reported in (2014) 3 Supreme Court Cases 471.

                                    4.    In view of the aforesaid submissions and

                       pronouncement of law rendered by the Hon’ble Supreme Court

                       in the case of Bachu Das (supra), appellants’ prayer for grant of

                       pre-arrest bail is rejected and this appeal stands dismissed.



                                              (Prabhat Kumar Singh, J)
shashank/-
U      T


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