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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.771 of 2024 Arising Out of PS. Case No.-262 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Manoj Ray S/O Late Ram Naresh Rai R/O Village- Rampur (KHORAM), P.S- Madhaura (GAURA O.P.), Distt.- Saran At Chapra. ... ... Appellant/s Versus
1. The State Of Bihar
2. Ramavati Devi W/O Prabhu Ram R/O Village- Rampur, P.S- Madhaura (GAURA O.P.), Distt.- Saran At Chapra. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Udai Shankar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 15-05-2025 Heard learned counsel appearing on behalf of appellant and Spl. Public Prosecutor.
2. This appeal has been filed against the order dated 31.10.2023 passed by learned (SC/ST) Exclusive Special Judge, Saran at Chapra in ABP No. 3749 of 2023 arising out of Marhaurah P. S. Case No. 262 of 2023, registered under Sections 302/34 of the Indian Penal Code and Sections 3(2)(v) of the SC/ST Act, whereby the prayer for anticipatory bail of appellant has been rejected.
3. Learned Spl. Public Prosecutor appearing 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.771 of 2024(4) dt.15-05-2025 2/2 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