Patna High Court
Ramdeep SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not maintainable once cognizance of the offences has been taken; the appeal is dismissed.
Summary
The appellants, four accused persons, appealed against the order of the Exclusive Special Judge, SC/ST Act, Gaya, which rejected their application for anticipatory bail in a case involving offences under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The State and the informant argued that the petition for pre‑arrest bail was not maintainable because the trial court had already taken cognizance of the offences. The High Court examined the submissions and relied on the Supreme Court’s decision in Bachu Das v. State of Bihar, which held that anticipatory bail cannot be granted once cognizance is taken. Consequently, the Court dismissed the appeal, upholding the trial court’s rejection of anticipatory bail. The decision reaffirms the principle that pre‑arrest bail is unavailable after cognizance of the charges.
Issues considered
- Whether an application for anticipatory (pre‑arrest) bail is maintainable when the trial court has already taken cognizance of the offences.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354, 447, 452, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(1)(r)(s)(z), 3(2)(va)
Subjects
- anticipatory bail
- pre‑arrest bail
- cognizance
- SC/ST Act
- scheduled caste atrocities
- criminal procedure
- appeal
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.279 of 2025
Arising Out of PS. Case No.-31 Year-2021 Thana- FATEHPUR District- Gaya
======================================================
1. Ramdeep Singh S/o- Anant Singh Village- Kathiaundh PS-Fatehpur Distt-
Gaya
2. Ravindra Singh S/o- Late Bhagwat Singh Village- Kathiaundh PS-Fatehpur
Distt- Gaya
3. Kumar Sanu @ Sonu Singh S/o- Ravindra Singh Village- Kathiaundh PS-
Fatehpur Distt- Gaya
4. Sarth Kumar @ Shankar Singh S/o- Dayanand Singh Village- Kathiaundh
PS-Fatehpur Distt- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Mira Devi W/o- Manoj Das Village- Kathiaundh PS-Fatehpur Distt- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Ms. Sonam Kumari, Advocate
For the State : Mr. Binay Krishna, Spl.PP
For the Informant : Mr. Dharmesh Kumar Chaubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 29-01-2026 Heard learned counsel for the appellants, learned
Spl.P.P. for the State and learned counsel for the informant.
2. This appeal has been filed for setting aside order
dated 12.11.2024 passed by the learned Exclusive Special
Judge, SC/ST Act, Gaya in a case registered for the offence
punishable under Sections 341, 323, 452, 354 and 34 of the
Indian Penal Code and Sections 3(1)(r)(s)(z) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of these
Patna High Court CR. APP (SJ) No.279 of 2025(6) dt.29-01-2026
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appellants has been rejected.
3. At the outset, it is submitted by learned Spl.P.P.
appearing on behalf of the State and learned counsel appearing
on behalf of the informant that the prayer for grant of pre-arrest
bail to these appellants is not maintainable as from bare perusal
of Paragraph No. 4 of the supplementary-affidavit filed on
behalf of the appellants, it is apparent that cognizance has
already been taken by the learned trial court for the offences
punishable under Sections 447, 341, 323, 504, 506 and 34 of the
Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act. In this regard, reliance is placed in the case of
Bachu Das Vs. State of Bihar and others, reported in (2014) 3
Supreme Court Cases 471.
4. In view of the aforesaid submissions and
pronouncement of law rendered by the Hon’ble Supreme Court
in the case of Bachu Das (supra), appellants’ 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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