Patna High Court
Ram Bachan SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail is not maintainable where cognizance has already been taken for offences under the SC/ST Act.
Summary
The appellants – Ram Bachan Singh, Sachchan Singh and Kanhaiya Singh – sought pre‑arrest bail in a criminal appeal arising from offences alleged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The State, represented by the Special Public Prosecutor, contended that the bail petition was not maintainable because the trial court had already taken cognizance of the offences. The prosecutor relied on the Supreme Court’s decision in Bachu Das v. State of Bihar (2014) 3 SCC 471, which held that pre‑arrest bail cannot be granted once cognizance is taken for such offences. Justice Prabhat Kumar Singh examined the submission and the precedent. Concluding that the Supreme Court’s ratio applied, the court refused the appellants’ prayer for pre‑arrest bail. The order effectively dismissed the bail application.
Issues considered
- Whether a pre‑arrest bail can be granted when the court below has already taken cognizance of offences punishable under the SC/ST (Prevention of Atrocities) Act.
Legislation cited
Subjects
- pre‑arrest bail
- cognizance
- SC/ST Act
- bail refusal
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5214 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
1. Ram Bachan Singh S/o Late Balrup Singh Resident of Village- Sarai
Pusauli, PS- Kudra, Distt.- Kaimur (Bhabua)
2. Sachchan Singh S/o Late Balrup Singh Resident of Village- Sarai Pusauli,
PS- Kudra, Distt.- Kaimur (Bhabua)
3. Kanhaiya Singh @ Kanhaiya Kumar S/o Shivnath Singh Resident of
Village- Sarai Pusauli, PS- Kudra, Distt.- Kaimur (Bhabua)
... ... Appellant/s
Versus
1. The State of Bihar
2. Raghubar Paswan S/o Late Ganga Sagar Paswan R/o vill - Ghatawan, P.o.-
Fakharabad, P.S.- Kudra, Distt.- Kaimur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jai Prakash Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, 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.
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 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
Patna High Court CR. APP (SJ) No.5214 of 2025(2) dt.22-01-2026
2/2
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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