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Patna High Court

LALITA RAUT @ LALIT RAUTversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

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

Summary

The appellant, Lalita Raut, filed an anticipatory bail application under Sections 366A and 506 of the Indian Penal Code and Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act after a complaint was lodged. The 3rd Additional Sessions Judge‑cum‑SC/ST Special Court rejected the bail, prompting an appeal to the Patna High Court. The State’s Special Public Prosecutor contended that anticipatory bail was not maintainable because the court had already taken cognizance of the offence under the SC/ST Act. Relying on the Supreme Court’s decision in Bachu Das v. State of Bihar, the High Court held that the appeal was not maintainable. Consequently, the appeal seeking anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail is maintainable when cognizance under the SC/ST (Prevention of Atrocities) Act has already been taken
  • Whether the provisions of the SC/ST Act preclude the grant of anticipatory bail in offences punishable under Sections 366A and 506 IPC

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • pre‑arrest bail
  • Indian Penal Code
  • Section 366A
  • Section 506
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2298 of 2023
                 Arising Out of PS. Case No.-262 Year-2021 Thana- SARAN COMPLAINT CASE District-
                                                         Saran
                 ======================================================
                 LALITA RAUT @ LALIT RAUT Son of Chan Govind Resident of village -
                 Sisai, P.S.- Sahjitpur, District - Saran

                                                                              ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.    Kabilash Baitha Son of Late Dukhan Baitha Resident of village - Sisai, P.S.-
                 Sahjitpur, District - Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Ashok Kumar, Advocate
                 For the Respondent/s   :       Ms. Usha Kumari 1, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   19-03-2026                   Heard learned counsel appearing on behalf of

                   appellant and Spl. Public Prosecutor.

                               2. This appeal has been filed against the order dated

                   12.04.2023 passed by learned 3rd Additional Sessions Judge-

                   cum-SC/ST Special Court, Saran in ABP No. 926 of 2023

                   arising out of SC/ST Tr Case No. 111 of 2022, Complaint No.

                   262 of 2021, registered under Sections 366A, 506 of the Indian

                   Penal Code and Section 3(1)(r) of the SC/ST Act, whereby the

                   prayer for anticipatory bail of appellant has been rejected.

                               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 from
              Patna High Court CR. APP (SJ) No.2298 of 2023(5) dt.19-03-2026
                                                           2/2




                        perusal of the impugned order it is apparent that cognizance

                        under SC/ST Act has already been taken by learned Court below

                        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 appellant, is dismissed as being not

                        maintainable.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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