Patna High Court
Madan Mohan Prasad VermaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is not maintainable where cognizance has been taken for offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Summary
The appellants, three members of the Verma family, appealed against the Special Judge's order rejecting their anticipatory bail in a case involving offences under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The trial court had already taken cognizance of the offences under the SC/ST Act. The State and the complainant argued that anticipatory bail could not be entertained once cognizance is taken for such offences, relying on the Supreme Court decision in Bachu Das v. State of Bihar. The High Court accepted this submission, held that the bail petition was not maintainable, and dismissed the appeal. Consequently, the rejection of anticipatory bail stands.
Issues considered
- Whether anticipatory bail is maintainable when the trial court has taken cognizance of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the precedent set in Bachu Das v. State of Bihar applies to the present bail application.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354B, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- cognizance
- criminal procedure
- scheduled caste atrocities
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4988 of 2024
Arising Out of PS. Case No.-37 Year-2022 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
1. Madan Mohan Prasad Verma Son of Late Hari Prasad Verma @ Hari Sao
Resident of Village - Birnama, Police Station - Kashichak in the district of
Nawada
2. Jitendra Prasad Verma Son of Madan Mohan Prasad Verma Resident of
Village - Birnama, Police Station - Kashichak in the district of Nawada
3. Bambam Prasad Verma @ Dharmendra Prasad Verma @ Dharmendra
Kumar Verma Son of Madan Mohan Prasad Verma Resident of Village -
Birnama, Police Station - Kashichak in the district of Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Ram Binita Devi Wife of Kedar Rajak Resident of Village - Birnama, Police
Station - Kashichak in the district of Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Sunil Kumar, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Complainant : Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 02-04-2026 Heard learned counsel for the appellants, learned
Spl.PP for the State and learned counsel for the
complainant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 25.09.2024 passed by the learned Special Judge,
Exclusive Special Court SC/ST (POA) Act, Nawada in A.B.P.
No. 2442 of 2024 arising out of a complaint case registered for
the offence punishable under Sections 323, 341, 504, 506, 354B
Patna High Court CR. APP (SJ) No.4988 of 2024(5) dt.02-04-2026
2/2
and 34 of the Indian Penal Code and Section 3(i)(r)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of these
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 for the
complainant/Respondent No. 2 that the prayer for grant of pre-
arrest bail to the appellants is not maintainable, as cognizance
has already been taken by the learned trial court for the offences
punishable under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act. In this regard, reliance is placed
upon 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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