Patna High Court
Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is not maintainable and is dismissed.
Summary
Kamlesh Kumar appealed to the Patna High Court seeking to set aside the order of the Exclusive Special Court, SC/ST Act, Patna, which had rejected his anticipatory bail application in a case involving offences under Sections 420, 341, 352, 323, 504 of the IPC and Section 3(1)(g)(r)(s) of the SC/ST Act. The State argued that the lower court had already taken cognizance of the matter under the SC/ST Act, making the appeal for anticipatory bail non‑maintainable. The High Court relied on the Supreme Court’s decision in Bachu Das v. State of Bihar (2014) 3 SCC 471, which held that once cognizance is taken, a pre‑arrest bail petition cannot be entertained. Accordingly, the Court dismissed the appeal as not maintainable. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether an appeal filed for anticipatory bail is maintainable when cognizance has already been taken by the Special Court under the SC/ST Act
Legislation cited
- Indian Penal Code — s. 323, 341, 352, 420, 504
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(g)(r)(s)
Subjects
- anticipatory bail
- cognizance
- SC/ST Act
- maintainability
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.653 of 2024
Arising Out of PS. Case No.-493 Year-2018 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Kamlesh Kumar S/o Ram Ji Singh Resident of Mohalla - Jaynagar, P.O.-
Madhopur, P.S.- Maner, District - Patna.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Arvind Paswan S/o Ram Janam Paswan Resident of Village - Mahinava
Bazaar, Ward No. 15, P.O. and P.S.- Maner, District - Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rahul Kumar
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 29-01-2026 Heard learned counsel for the appellant and learned
Special P.P. for the State.
2. This appeal has been filed for setting aside order
dated 17.01.2024 passed by the learned Exclusive Special
Court, SC/ST Act, Patna, in a case registered for the offence
punishable under Sections 420, 341, 352, 323, 504 of the Indian
Penal Code and Section 3(1)(g)(r)(s) of the SC/ST Ac t, whereby
the prayer for anticipatory bail of the appellant has been
rejected.
3. At the outset, learned Special P.P. for the State
submits that in this case, cognizance has already been taken by
the learned Court below under the provisions of SC/ST Act
Patna High Court CR. APP (SJ) No.653 of 2024(5) dt.29-01-2026
2/2
against these appellant and as such, this appeal, filed for grant of
anticipatory bail to the appellant, 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. In view of law laid down by the Hon’ble Supreme
Court in the case of Bachu Das (supra), the present appeal,
filed for pre-arrest bail to the appellant, is dismissed as not
maintainable.
(Prabhat Kumar Singh, J)
khushbu/-
U
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