Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The pre‑arrest bail petition is not maintainable as cognizance has already been taken, and therefore bail is refused.
Summary
The appellants, Pankaj Kumar and Prakash Kumar Mandal, sought pre‑arrest bail in a case arising from a complaint registered in Katihar. The State opposed the bail, arguing that the lower court had already taken cognizance of the offences, which include offences under Sections 323/34, 406/34, 420/34, 504/34, 506/34, 442/34 of the IPC and provisions of the SC/ST Act. The Court examined the principle that a pre‑arrest bail petition is not maintainable when the trial court has already assumed jurisdiction over the matter. Relying on the Supreme Court’s decision in Bachu Das v. State of Bihar (2014) 3 SCC 471, the High Court held that the petition must be dismissed. Consequently, the appellants’ request for pre‑arrest bail was refused.
Issues considered
- Whether a pre‑arrest bail petition is maintainable when cognizance of the offences has already been taken by the trial court
- Whether the provisions of the SC/ST (Prevention of Atrocities) Act affect the grant of pre‑arrest bail
Legislation cited
- Indian Penal Code — s. 323/34, 406/34, 420/34, 442/34, 504/34, 506/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Subjects
- pre‑arrest bail
- cognizance
- IPC offences
- SC/ST Act
- criminal procedure
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1213 of 2026
Arising Out of PS. Case No.-519 Year-2024 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
1. Pankaj Kumar S/o Late Bijay Mandal @ Vijay Mandal R/o Village -
Bairgachhi Baluwa, P.S - Hasanganj, District - Katihar
2. Prakash Kumar Mandal S/o Kanak Lal Mandal R/o Village - Balwa, P.S -
Hasanganj, District - Katihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Birendra Soren S/o Pradhan Soren R/o Village - Baluwa Santhali, P.S -
Hasanganj, District - Katihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raghvendra Kumar Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 14-05-2026 1. Heard learned counsel for the appellant and the
State.
2. It is submitted by the State that the prayer for pre-
arrest bail of the appellants is not maintainable as cognizance
has already been taken by the court below also for the offences
punishable under sections 323/34, 406/34, 420/34, 504/34,
506/34, 442/34 the SC/ST Act. In this regard, reliance is placed
in the case of Bachu Das Vs. State of Bihar and others,
reported in (2014) 3 Supreme Court Cases 471.
3. In view of the aforesaid pronouncement of law
Patna High Court CR. APP (SJ) No.1213 of 2026(3) dt.14-05-2026
2/2
rendered by Hon’ble the Supreme Court, appellants prayer of
pre-arrest is refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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