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2025 DAILYLAW 110484 (PAT)

Vishwajeet Kumar @ Vishwajeet Saini v. The State of Bihar

CR. APP (SJ)/1047/2025 · 2025-11-24

Prabhat Kumar Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1047 of 2025 Arising Out of PS. Case No.-3 Year-2018 Thana- SC/ST District- Patna ====================================================== Vishwajeet Kumar @ Vishwajeet Saini S/O Late Subhas Bhagat @ Subhash Kumar @ Subhash Kumar Malakar R/O Village- Tiwari Tola, P.S- Maner, Distt.- Patna. ... ... Appellant/s Versus 1. The State of Bihar 2. Anita Kumari D/O Sri Raj Kumar Ram R/O Mohalla- Maner Bazar, P.S- Maner, Distt.- Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Anil Kumar Shrivastava, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor For the R.No. 2 : Mr. Pradhan Murli Manohar Pd. Mr. Abhash, Mr. Raju Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 24-11-2025 Heard learned counsel appearing on behalf of appellant, respondent no. 2 and Spl. Public Prosecutor. 2. This appeal has been filed against the order dated 22.01.2025 passed by learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna in ABP No. 79 of 2025 arising out of SC/ST P. S. Case No. 03 of 2018, registered under Sections 147, 148, 149, 448, 341, 323, 324, 307, 379, 354(B), 504, 506 of the Indian Penal Code and Sections 3(1)(r)(g)(p)(w) (z) of the SC/ST Act, whereby the prayer for anticipatory bail of appellant has been rejected. 3. At the outset, learned counsel for the respondent no. Patna High Court CR. APP (SJ) No.1047 of 2025(5) dt.24-11-2025 2/2 2 vehemently opposed the bail application and submitted that the instant anticipatory bail is not maintainable as 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