Patna High Court
Pappu Sharma @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail cannot be granted once cognizance of the offence has been taken, as per the precedent set in Bachu Das v. State of Bihar.
Summary
The appellants, a group of individuals from the Sharma family, applied for pre‑arrest bail in a criminal matter arising from a 2020 case involving alleged offences under the SC/ST (Prevention of Atrocities) Act. The Special Public Prosecutor opposed the bail, contending that the lower court had already taken cognizance of the offences on 23‑06‑2025, rendering a pre‑arrest bail application impermissible. The court relied on the Supreme Court’s decision in Bachu Das v. State of Bihar (2014) 3 SCC 471, which holds that once cognizance is taken, pre‑arrest bail cannot be entertained. Accordingly, the High Court refused the appellants’ prayer for pre‑arrest bail. The decision underscores the principle that procedural bars to bail cannot be bypassed after cognizance is recorded.
Issues considered
- Whether a pre‑arrest bail application is maintainable when cognizance of the offence has already been taken by the trial court under the SC/ST Act.
Legislation cited
Subjects
- pre‑arrest bail
- cognizance
- SC/ST Act
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5202 of 2025
Arising Out of PS. Case No.-387 Year-2020 Thana- WAJIRGANJ District- Gaya
======================================================
1. Pappu Sharma @ Pappu Kumar S/o Awadhesh Sharma R/o Village -
Geraiya, P.S - Wazirganj, District - Gaya
2. Bablu Sharma @ Prem Raj S/o Awadhesh Sharma R/o Village - Geraiya, P.S
- Wazirganj, District - Gaya
3. Awadhesh Sharma S/o Late Badhan Sharma R/o Village - Geraiya, P.S -
Wazirganj, District - Gaya
4. Arvind Sharma S/o Late Badhan Sharma R/o Village - Geraiya, P.S -
Wazirganj, District - Gaya
5. Tuntun Sharma @ Ravindra Sharma S/o Arjun Sharma R/o Village -
Geraiya, P.S - Wazirganj, District - Gaya
6. Ramlal Sharma S/o Arvind Sharma @ Fudan Sharma @ Arind Sharma R/o
Village - Geraiya, P.S - Wazirganj, District - Gaya
7. Om Prakash Sharma S/o Yogendra Sharma R/o Village - Geraiya, P.S -
Wazirganj, District - Gaya
8. Yogendra Sharma S/o Late Ganauri Sharma R/o Village - Geraiya, P.S -
Wazirganj, District - Gaya
9. Rahul Kumar S/o Jitendra Sharma R/o Village - Geraiya, P.S - Wazirganj,
District - Gaya
10. Munna Sharma @ Abhishek Kumar S/o Late Arjun Thakur @ Arjun Sharma
R/o Village - Geraiya, P.S - Wazirganj, District - Gaya
11. Prahalad Sharma S/o Ramlal Sharma @ Shreeram Sharma R/o Village -
Geraiya, P.S - Wazirganj, District - Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Sarita Devi W/o Girja Paswan R/o Village - Geraiya, P.O - Karjara, P.S -
Wazirganj, District - Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abhijeet Abhigyan, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-01-2026 1 . Heard learned counsel for the appellants and
the special Public Prosecutor for the State.
Patna High Court CR. APP (SJ) No.5202 of 2025(2) dt.22-01-2026
2/2
2. It is submitted by learned special Public Prosecutor
for the State that the prayer for pre-arrest bail of the appellant is
not maintainable as cognizance has already been taken on
23.06.2025 by the court below also for the offences punishable
under the SC/ST 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.
3 . In view of the aforesaid pronouncement of law
rendered by Hon’ble the Supreme Court, appellants prayer of
pre-arrest is refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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