IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3955 of 2025 Arising Out of PS. Case No.-3 Year-2018 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Rameshwar Mahto S/o- Late Amrit Mahto Resident of village- Gauria Karma PS- Barahi District-Hazaribagh Jharkhand ... ... Appellant/s Versus 1. The State of Bihar 2. Rajesh Raut S/o- Late Ram Chandra Raut R/v- Animal Husbandry Colony Saharsa W.No-2, Ps- Dist- Saharsa ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Abhay Shanker Singh, Advocate For the Respondent/s : Mr. Binay Krishna, 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 24.07.2025 passed by learned Additional Sessions Judge 1st cum Special Judge, SC/ST (POA) Act, Saharsa in ABP No. 625 of 2025 in connection with Complaint Case No. 03 of 2018, registered under Sections 323, 342, 379, 504 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.3955 of 2025(4) dt.12-03-2026 2/2 perusal of the impugned order it is apparent that 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