Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail cannot be granted where cognizance of the offences has already been taken, and the appeal is dismissed.
Summary
The appellants, Anil Kumar and Pappu Kumar, appealed against the order of the District and Additional Sessions Judge rejecting their anticipatory bail application in a case involving offences under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The State argued that the bail application was not maintainable because the trial court had already taken cognizance of the offences. The High Court relied on the Supreme Court’s decision in Bachu Das v. State of Bihar, which held that anticipatory bail cannot be granted once cognizance is taken. Consequently, the Court dismissed the appeal and upheld the denial of anticipatory bail. The decision reaffirmed the principle that procedural bars to bail cannot be overlooked when the trial court is already proceeding with the case.
Issues considered
- Whether anticipatory bail is maintainable when the trial court has already taken cognizance of the offences.
- Whether the State’s reliance on the Supreme Court precedent in Bachu Das v. State of Bihar precludes the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 147, 149, 323, 341, 354, 379, 427, 448
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 2(va), 3(1)(i), 3(1)(ii), 3(1)(r), 3(1)(s), 3(1)(w)
Subjects
- anticipatory bail
- cognizance
- SC/ST Act
- IPC
- bail jurisprudence
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1184 of 2026
Arising Out of PS. Case No.-500 Year-2023 Thana- MADANPUR District- Aurangabad
======================================================
1. Anil Kumar S/o Kamlesh Yadav R/o Vill.- Ordiha, Post - Udhampur,
Warkhas, P.S.- Madanpur, Dist.- Aurangabad, Bihar.
2. Pappu Kumar Son of Arjun Yadav R/o Vill.- Ordiha, Post - Udhampur,
Warkhas, P.S.- Madanpur, Dist.- Aurangabad, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramshakal Chudhari Son of Ramprasad Chaudhari R/o Vill.- Ordiha, Post -
Udhampur, Warkhas, P.S.- Madanpur, Dist.- Aurangabad, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Alok Kumar, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the appellants and learned
Spl.P.P. for the State.
2. This appeal has been filed for setting aside order
dated 18.02.2026 passed by the learned District and Additional
Sessions Judge-I-cum-Special Judge (SC/ST, Children and
NDPS Act), Aurangabad in a case registered for the offence
punishable under Sections 341, 448, 323, 354, 379, 147 and 149
of the Indian Penal Code and Sections 3(1)(r)(s)(w)(i)(ii) and
2(va) of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, whereby the prayer for anticipatory bail of
the appellants has been rejected.
Patna High Court CR. APP (SJ) No.1184 of 2026(2) dt.30-04-2026
2/2
3. At the outset, it is submitted by learned Spl.P.P.
appearing on behalf of the State submits that the prayer for grant
of pre-arrest bail to the appellants is not maintainable as from
bare perusal of Paragraph No. 11 of the application it is apparent
that cognizance has already been taken by the learned trial court
for the offences punishable under Sections 341, 323, 354, 147,
149 and 427 of the Indian Penal Code and Sections 3(1)(r)(s),
3(1)(w) and 3(2)(va) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act. In this regard, reliance is
placed upon judgment of the Hon’ble Apex Court rendered in
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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