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Patna High Court

FEKU BINDversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The appeal was dismissed as not maintainable because cognizance had already been taken under the SC/ST Act.

Summary

The appellants, Feku Bind and Munchun Bind, were charged under several provisions of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in a case registered as PS Case No. 1015 of 2021. They applied for anticipatory bail, which was rejected by the Special Judge, SC/ST Act, Patna. The appellants appealed the order, arguing that anticipatory bail should be available. The State opposed, contending that cognizance had already been taken under the SC/ST Act, rendering anticipatory bail impermissible, and relied on the Supreme Court’s decision in Bachu Das v. State of Bihar. The Patna High Court, applying the Bachu Das precedent, held that the appeal was not maintainable because cognizance was already taken. Consequently, the court dismissed the appeal.

Issues considered

  • Whether anticipatory bail is maintainable when cognizance has already been taken under the SC/ST Act.
  • Whether the provisions of the SC/ST Act preclude the grant of anticipatory bail in the present case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • criminal procedure
  • bail jurisprudence
  • Indian Penal Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2170 of 2022
                     Arising Out of PS. Case No.-1015 Year-2021 Thana- AGAMKUAN District- Patna
                 ======================================================
           1.     Feku Bind Son of - Chandeshwar Bind Resident of - Bahadurpur Housing
                  Colony, Near T.V. Tower Pani Tanki, Beba Jhoparpatti, post office- Lohia
                  nagar, Police Station- AGamkuan, District - Patna.
           2.    Munchun Bind Son of - Chandeshwar Bind Resident of - Bahadurpur
                 Housing Colony, Near T.V. Tower Pani Tanki, Beba Jhoparpatti, post office-
                 Lohia nagar, Police Station- AGamkuan, District - Patna.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Sunita Devi Wife of Shiv Bhajan Paswan Resident Of Village- Bahadurpur
                 Housing Coloney, Near T.V. Tower, Pani Tanki, Beba Jhil Jhoparpatti, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Krishna Chandra Ojha, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl. Public Prosecutor
                 For the R.No. 2        :        Mr. Jai Shankar Pathak, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

7   09-04-2026                   Heard learned counsel appearing on behalf of

                   appellants, respondent no. 2 and Spl. Public Prosecutor.

                               2. This appeal has been filed against the order dated

                   22.02.2022 passed by learned Special Judge, SC/ST Act, Patna

                   in ABP No. 1238 of 2022 arising out of Agamkuan P. S. Case

                   No. 1015 of 2021, registered under Sections 341, 323, 354(B),

                   427, 504, 506, 384, 456/34 of the Indian Penal Code and

                   Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va) of the SC/ST Act,

                   whereby the prayer for anticipatory bail of appellants has been

                   rejected.
              Patna High Court CR. APP (SJ) No.2170 of 2022(7) dt.09-04-2026
                                                           2/2




                                     3. At the outset, learned Spl. Public Prosecutor for the

                        State vehemently opposed the bail application and submitted

                        that the instant anticipatory bail is not maintainable as

                        cognizance under SC/ST Act has already been taken by learned

                        Court below against these appellants and in this connection, he

                        refers to a decision of the Hon’ble Supreme Court, passed in

                        case of Bachu Das Vs State of Bihar and others, reported in

                        Cr. Appeal No. 314 of 2014.

                                     4. Considering the law laid down by the Hon’ble

                        Supreme court in case of Bachu Das (supra), instant appeal filed

                        for pre-arrest bail to the appellants, is dismissed as being not

                        maintainable.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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