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Patna High Court

SUNIL RAIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal for anticipatory bail is not maintainable because cognizance of the offences has already been taken, in accordance with Bachu Das v. State of Bihar.

Summary

The appellants Sunil Rai, Kamlesh Rai and Anil Rai appealed against a Special Judge's order rejecting their anticipatory bail applications in a case registered under IPC sections 341, 323, 504, 34 and SC/ST Act section 3(i)(x). The High Court examined whether the appeal was maintainable given that cognizance of the offences had already been taken. It noted that the trial was already underway, having been taken on 14 July 2021. Relying on the Supreme Court’s decision in Bachu Das v. State of Bihar (2014) 3 SCC 471, the Court held that an appeal for anticipatory bail is not maintainable once cognizance is taken. Consequently, the appeal was dismissed as not maintainable.

Issues considered

  • Whether an appeal for anticipatory bail is maintainable after cognizance of the offence has been taken
  • Whether the Supreme Court precedent in Bachu Das v. State of Bihar applies to the present case

Legislation cited

Subjects

  • anticipatory bail
  • cognizance
  • maintainability
  • SC/ST Act
  • IPC
  • criminal appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.4206 of 2019
                           Arising Out of PS. Case No.-52 Year-2013 Thana- SC/ST District- Saran
                  ======================================================
            1.     SUNIL RAI Son of Hardeo Rai Resident of Village- Suraudha, P.S-
                   Baniyapur, District- Saran.
            2.    Kamlesh Rai Son of Biran Rai Resident of Village-Suraudha, P.S-Baniyapur,
                  District-Saran.
            3.    Anil Rai Son of Bijali Rai Resident of Village-Suraudha, P.S-Baniyapur,
                  District-Saran.

                                                                                      ... ... Appellant/s
                                                         Versus
            1.    The State of Bihar
            2.    Lilawati Devi Santosh Manjhi R/o Village- Suraudha, P.S.- Baniyapur, Dist.-
                  Saran

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s      :        Mr.Mrityunjay Kumar Tiwary
                  For the Respondent/s     :        Mrs.Usha Kumari 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

12   15-01-2026                   Heard learned counsel for the appellants and learned

                    Special P.P. for of the State.

                                    2. This appeal has been filed against the order dated

                    23.07.2019 passed by learned Special Judge, SC/ST Act, Saran

                    in a case registered under Sections 341, 323, 504 and 34 of the

                    Indian Penal Code and Section 3(i)(x) of the SC/ST Act,

                    whereby the prayer for anticipatory bail of appellants has been

                    rejected.

                                 3. Earlier, vide order dated 18.11.2025, a report was

                    called for from the concerned court regarding stage of the trial,
           Patna High Court CR. APP (SJ) No.4206 of 2019(12) dt.15-01-2026
                                                        2/2




                     which has been received and kept on record. From perusal

                     whereof, it appears that on 14.07.2021, cognizance has already

                     been taken under Sections 341, 323, 354, 504 of the I.P.C. and

                     Section 3(1)(x) of the SC/ST Act against appellant nos. 1 & 3.

                     Accordingly, the appeal, filed for grant of anticipatory bail to

                     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. The appeal is, accordingly, dismissed as not

                     maintainable.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


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