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Patna High Court

RANA YADAV @ RANA PRATAP SINGHversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail is not maintainable where cognizance under the SC/ST Act has already been taken.

Summary

The appellant, Rana Yadav, sought anticipatory bail after being charged under Sections 341, 323, 384, 504, 34 of the IPC and Section 3 of the SC/ST Act. The Special Judge had already taken cognizance of the case on 21.02.2017. The State opposed the bail, arguing that anticipatory bail was not maintainable once cognizance had been taken, citing the Supreme Court's decision in Bachu Das v. State of Bihar. The Patna High Court examined the precedent and held that the appellant could not obtain anticipatory bail under these circumstances. Consequently, the appeal for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail is maintainable when cognizance under the SC/ST Act has already been taken against the accused

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • maintainability
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3442 of 2023
                       Arising Out of PS. Case No.-76 Year-2016 Thana- MIRGANJ District- Purnia
                 ======================================================
                 Rana Yadav @ Rana Pratap Singh S/O Late Jay Prakash Singh @ Prakash
                 Yadav R/O Village- Gharari, P.S- Mirganj(Purnea), Residing At Shastrinagar,
                 Madhubani, P.S And Distt.- Purnea.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Bateshwar Soren S/O Late Jaggu Soren R/O Village- Pahadtol Pakadia, P.S-
                 Mirganj, Distt.- Purnea.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Lalan Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   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

                   30.06.2023 passed by learned Special Judge, SC/ST Act, Purnia

                   in ABP No. 61 of 2023 arising out of Mirganj P. S. Case No. 76

                   of 2016 registered under Sections 341, 323, 384, 504, 34 of the

                   Indian Penal Code and Sections 3 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

                   perusal of the impugned order it is apparent that cognizance
              Patna High Court CR. APP (SJ) No.3442 of 2023(4) dt.19-03-2026
                                                           2/2




                        under SC/ST Act has already been taken against appellant on

                        21.02.2017 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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