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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1193 of 2024 Arising Out of PS. Case No.-32 Year-2016 Thana- DAUDNAGAR District- Aurangabad ====================================================== Arvind Mahto @ Arvind Kumar S/o Late Madan Mahto R/o vill - Birai, P.s. - Daudnagar, Distt. - Aurangabad (Bihar) ... ... Appellant/s Versus
1. The State of Bihar
2. Khalifa Ram @ Khalish Ram S/o Late Kailas Ram R/o vill - Arai Tola Umer Bigha, P.s. - Daudnagar, Distt. - Aurangabad (Bihar) ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sunil Kumar Dubey, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 12-03-2026 Heard learned counsel appearing on behalf of appellant and Spl. Public Prosecutor.
2. This appeal has been filed against the order dated 24.01.2024 passed by learned Additional District & Sessions Judge 1st cum Special Judge, SC/ST, Aurangabad in ABP No. 157 of 2024 arising out of Daudnagar P. S. Case No. 32 of 2016, registered under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(1)(x) 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
Patna High Court CR. APP (SJ) No.1193 of 2024(4) dt.12-03-2026 2/2 cognizance under SC/ST Act has already been taken against the appellant 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