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Patna High Court

Bimala DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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