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Patna High Court

Shani @ Shani Paswan @ Brajesh Paswan @ Sanni PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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