Patna High Court
Bimala DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not maintainable where cognizance has been taken for offences under the SC/ST (Prevention of Atrocities) Act; the appeal is dismissed.
Summary
The appellants sought anticipatory bail after being charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The trial court had already taken cognizance of the offences, and the State opposed the bail on that ground, citing the Supreme Court decision in Bachu Das v. State of Bihar. The High Court examined whether anticipatory bail is maintainable when cognizance is already recorded for SC/ST Act offences. Relying on the Bachu Das precedent, the Court held that such bail cannot be granted. Consequently, the appeal against the order rejecting anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail is maintainable when the trial court has already taken cognizance of offences under the SC/ST (Prevention of Atrocities) Act.
- Whether the Supreme Court’s ruling in Bachu Das v. State of Bihar governs the present application for pre‑arrest bail.
Legislation cited
- Indian Penal Code — s. 323, 324, 341, 354B, 406, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i)(x), 3(i)(xi)
Subjects
- anticipatory bail
- pre‑arrest bail
- cognizance
- SC/ST Act
- Indian Penal Code
- criminal procedure
- appeal
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1209 of 2025
Arising Out of PS. Case No.-54 Year-2022 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
1. Bimala Devi Wife of Kamlesh Sah Village -Sarisabpahi PS- Pandaul Distt
-Madhubani
2. Naresh Kumar Sah @ Raja Kumar sah Son of Kamlesh Sah Village
-Sarisabpahi PS- Pandaul Distt -Madhubani
3. Kamlesh Sah Son of Late Mangal Sah Village -Sarisabpahi PS- Pandaul
Distt -Madhubani
... ... Appellant/s
Versus
1. The State of Bihar
2. Lakho Devi Wife of Satyanarayan Mahto Village -Sarisabpahi PS- Pandaul
Distt -Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Sanjeev Kumar Jha, Advocate
For the State : Mr. Binay Krishna, Spl.PP
For the Complainant : Mr. Shailendra Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-04-2026 Heard learned counsel for the appellants, learned
Spl.PP for the State and learned counsel for the
complainant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 13.02.2025 passed by the learned Additional Sessions
Judge 1st-cum-Special Judge (S.C./S.T. (POA) Act), Madhubani
in connection with A.B.P. No. 73 of 2025 arising out of C.R.
Case No. 54 of 2022 which was registered for the offence
punishable under Sections 341, 323, 504, 506, 406, 324 and
Patna High Court CR. APP (SJ) No.1209 of 2025(4) dt.16-04-2026
2/2
354B of the Indian Penal Code and Sections 3(i)(x) and 3(I)(xi)
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
complainant/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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