Patna High Court
Shani @ Shani Paswan @ Brajesh Paswan @ Sanni PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not maintainable where cognizance has already been taken for offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Summary
The appellant, Shani Paswan, appealed against the order of the Additional District and Sessions Judge rejecting his anticipatory bail application in a case involving offences under the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The State argued that anticipatory bail was not maintainable because the trial court had already taken cognizance of the offences under the SC/ST Act, relying on the Supreme Court’s decision in Bachu Das v. State of Bihar. The High Court examined whether the prior cognizance barred the grant of anticipatory bail. Applying the principle from Bachu Das, the Court held that once cognizance is taken for offences under the SC/ST Act, anticipatory bail cannot be granted. Consequently, the appeal was dismissed and the trial court’s order upheld.
Issues considered
- Whether anticipatory bail is maintainable when the trial court has already taken cognizance of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the Supreme Court’s decision in Bachu Das v. State of Bihar is applicable to the present case.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- cognizance
- SC/ST Act
- criminal procedure
- bail jurisprudence
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1622 of 2026
Arising Out of PS. Case No.-47 Year-2023 Thana- GAMAHARIYA District- Madhepura
======================================================
Shani @ Shani Paswan @ Brajesh Paswan @ Sanni Paswan son of Akhilesh
paswan Resident of Village -Babhan, Ward No 09, PS- Gamharia District
-Madhepura
... ... Appellant/s
Versus
1. The State of Bihar
2. Shyam Sunder Sada son Manoj Sada Resident of Mohalla- Ghormaha, Ward
no. 6, Ps- Gamharia, Dist- Madhepura
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Deepak Kumar Singh, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the appellant and learned
Spl.P.P. for the State.
2. This appeal has been filed for setting aside order
dated 07.03.2026 passed by the learned Additional District and
Sessions Judge-I-cum-Special Judge, S.C./S.T. (POA) Act,
Madhepura in a case registered for the offence punishable under
Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian
Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
prayer for anticipatory bail of the appellant has been rejected.
3. At the outset, it is submitted by learned Spl.P.P.
appearing on behalf of the State that the prayer for grant of pre-
Patna High Court CR. APP (SJ) No.1622 of 2026(2) dt.25-06-2026
2/2
arrest bail to the appellant is not maintainable as cognizance has
already been taken by the learned trial court also for the
offences punishable under 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 SCC 471.
4. In view of the aforesaid submissions and law
rendered by the Hon’ble Supreme Court in the case of Bachu
Das (supra), appellant’s 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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