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2023 DAILYLAW 1574 (PAT)

LALITA RAUT @ LALIT RAUT v. The State of Bihar

CR. APP (SJ)/2298/2023 · 2026-03-19

Prabhat Kumar Singh

Criminal Appealbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2298 of 2023 Arising Out of PS. Case No.-262 Year-2021 Thana- SARAN COMPLAINT CASE District- Saran ====================================================== LALITA RAUT @ LALIT RAUT Son of Chan Govind Resident of village - Sisai, P.S.- Sahjitpur, District - Saran ... ... Appellant/s Versus 1. The State of Bihar 2. Kabilash Baitha Son of Late Dukhan Baitha Resident of village - Sisai, P.S.- Sahjitpur, District - Saran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 19-03-2026 Heard learned counsel appearing on behalf of appellant and Spl. Public Prosecutor. 2. This appeal has been filed against the order dated 12.04.2023 passed by learned 3rd Additional Sessions Judge- cum-SC/ST Special Court, Saran in ABP No. 926 of 2023 arising out of SC/ST Tr Case No. 111 of 2022, Complaint No. 262 of 2021, registered under Sections 366A, 506 of the Indian Penal Code and Section 3(1)(r) of the SC/ST Act, whereby the prayer for anticipatory bail of appellant has been rejected. 3. At the outset, learned Spl. Public Prosecutor for the State vehemently opposed the bail application and submitted that the instant anticipatory bail is not maintainable as from Patna High Court CR. APP (SJ) No.2298 of 2023(5) dt.19-03-2026 2/2 perusal of the impugned order it is apparent that cognizance under SC/ST Act has already been taken by learned Court below and in this connection, he refers to a decision of the Hon’ble Supreme Court, passed in case of Bachu Das Vs State of Bihar and others, reported in Cr. Appeal No. 314 of 2014. 4. Considering the law laid down by the Hon’ble Supreme court in case of Bachu Das (supra), instant appeal filed for pre-arrest bail to the appellant, is dismissed as being not maintainable. Navya/- (Prabhat Kumar Singh, J) U T