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Patna High Court

Ranjeet Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail is not maintainable once cognizance is taken for offences under the SC/ST Act, and the appeal is dismissed.

Summary

The appellant, Ranjeet Kumar Singh, was charged with offences under several IPC sections (323, 425, 426, 379, 506) and Sections 3 and 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The trial court had taken cognizance of the case and rejected his prayer for anticipatory bail. He appealed to the Patna High Court seeking to set aside that order. The State argued that once cognizance is taken for SC/ST Act offences, anticipatory bail is not maintainable, relying on the Supreme Court’s decision in Bachu Das v. State of Bihar. The High Court accepted that precedent, held that the appellant’s bail application could not be entertained, and dismissed the appeal. Consequently, the appellant remains in custody pending trial.

Issues considered

  • Whether anticipatory bail can be granted when cognizance has already been taken for offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Legislation cited

Subjects

  • anticipatory bail
  • cognizance
  • SC/ST Act
  • bail jurisprudence
  • Supreme Court precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5599 of 2023
                      Arising Out of PS. Case No.-122 Year-2023 Thana- BARHARIA District- Siwan
                 ======================================================
                 Ranjeet Kumar Singh Son of Kishore Singh R/o vill - Molnapur, P.S. - Siwan
                 Muffasil, Dist. - Siwan

                                                                                 ... ... Appellant/s
                                                      Versus

           1.    The State of Bihar
           2.    Dr. Premchandra Baitha @ Prem Chandra Bhagat Son of Late Raushan
                 Baitha R/o vill - Mathurapur, P.S. - Barhariya, Distt. - Siwan

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant      :        Mr. Adesh Raj Singh, Advocate
                 For the State          :        Mr. Sadanand Paswan, Spl.PP
                 For Respondent No. 2   :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   19-03-2026                 Heard learned counsel for the appellant and learned

                   Spl.P.P. for the State.

                               2. Despite valid service of notice, no body appears on

                   behalf of the informant/Respondent No. 2.

                               3. This appeal has been filed for setting aside order

                   dated 06.11.2023 passed by the learned 1st Additional Sessions

                   Judge-cum-Special Judge, Siwan in a case registered for the

                   offence punishable under Sections 323, 425, 426, 379 and 506

                   of the Indian Penal Code and Sections 3 and 6 of the Scheduled

                   Castes and Scheduled Tribes (Prevention of Atrocities) Act,

                   whereby the prayer for anticipatory bail of the appellant has

                   been rejected.
             Patna High Court CR. APP (SJ) No.5599 of 2023(5) dt.19-03-2026
                                                          2/2




                                    4. Learned counsel appearing for the appellant

                       submits that cognizance has already been taken by the learned

                       trial court.

                                    5. Learned Spl.P.P. appearing on behalf of the State

                       submits that the prayer for grant of pre-arrest bail to the

                       appellant is not maintainable since 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 judgment

                       of the Hon’ble Apex Court rendered in the case of Bachu Das

                       Vs. State of Bihar and others reported in (2014) 3 Supreme

                       Court Cases 471.

                                    6.    In view of the aforesaid submissions and

                       pronouncement of law rendered by the Hon’ble Supreme Court

                       in the case of Bachu Das (supra), appellant’s 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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