Created by Fuzzy Cloud

Patna High Court

Mahendra ChauhanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal for anticipatory bail is dismissed as not maintainable because cognizance has already been taken under the SC/ST Act.

Summary

Mahendra Chauhan appealed to the Patna High Court seeking anticipatory bail after a Special Judge had rejected his bail application in a case involving offences under Sections 353, 504, 506 of the IPC and Section 3(i)(r)(s) of the SC/ST Act. The State argued that the lower court had already taken cognizance of the matter under the SC/ST Act, rendering the bail appeal non‑maintainable. The High Court examined the Supreme Court precedent in Bachu Das v. State of Bihar (2014) 3 SCC 471, which held that once cognizance is taken under the SC/ST Act, a pre‑arrest bail petition cannot be entertained. Applying this principle, the Court concluded that the present appeal was not maintainable. Consequently, the appeal for anticipatory bail was dismissed.

Issues considered

  • Whether an anticipatory bail petition is maintainable when cognizance has already been taken under the SC/ST Act
  • Whether the Supreme Court decision in Bachu Das v. State of Bihar governs the present appeal

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • maintainability
  • criminal appeal
  • Supreme Court precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1795 of 2024
                   Arising Out of PS. Case No.-385 Year-2023 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Mahendra Chauhan son of Awadhesh Chauhan Resident of Village- Dani
                 Bigha, Police Station- Nabinagar, District- Aurangabad

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Savitri Kumari Wife of Ravi Shankar Kumar Resident of Village- Basdiha,
                 Police Station- Nabinagar, Dist.-Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Kamlendra Prasad Singh, Advocate
                 For the Respondent/s    :       Mr. Binay Krishna, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   29-01-2026                   Heard learned counsel for the appellant and learned

                   Special P.P. for the State.

                               2. This appeal has been filed for setting aside order

                   dated 06.03.2024 passed by the learned Special Judge(SC/ST)-

                   cum 1st Additional District and Sessions Judge, Aurangabad, in

                   a case registered for the offence punishable under Sections 353,

                   504, 506 of the Indian Penal Code and Section 3(i)(r)(s) of the

                   SC/ST Act, whereby the prayer for anticipatory bail of the

                   appellant has been rejected.

                               3. At the outset, learned Special P.P. for the State

                   submits that in this case, cognizance has already been taken by

                   the learned Court below under the provisions of SC/ST Act
            Patna High Court CR. APP (SJ) No.1795 of 2024(4) dt.29-01-2026
                                                         2/2




                      against these appellant and as such, this appeal, filed for grant of

                      anticipatory bail to the appellants, is not maintainable, in view

                      of the decision of the Hon’ble Supreme Court in case of Bachu

                      Das Vs State of Bihar and others, reported in (2014) 3 S.C.C.

                      471.

                                   4. In view of law laid down by the Hon’ble Supreme

                      Court in the case of Bachu Das (supra), the present appeal,

                      filed for pre-arrest bail to the appellant, is dismissed as not

                      maintainable.



                                             (Prabhat Kumar Singh, J)
khushbu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.