IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1378 of 2025 Arising Out of PS. Case No.-42 Year-2017 Thana- SC/ST District- Banka ====================================================== 1. Wakil Sah @ Vakil Pd. Sah son of Brihaspati Sah @ Biraspati Sah R/O Village- Gangdori, Police Station- Dhoraiya, District- Banka 2. Brihaspati Sah @ Biraspati Sah S/O Late Sukhari Sah @ Late Sukhay Sah R/O Village- Gangdori, Police Station- Dhoraiya, District- Banka 3. Amit Sah @ Amit Kumar Sah S/O Wakil Sah @ Vakil Pd. Sah R/O Village- Gangdori, Police Station- Dhoraiya, District- Banka 4. Sumit Sah @ Sumit Kr. Sah @ Sumit Kumar S/O Wakil Sah @ Vakil Pd. Sah R/O Village- Gangdori, Police Station- Dhoraiya, District- Banka ... ... Appellant/s Versus 1. The State of Bihar 2. Sandev Hari S/O Saryu Hari R/O Village- Gangdori, Police Station- Dhoraiya, District- Banka ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajay Mukherjee, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 15-07-2025 Heard learned counsel appearing on behalf of appellants and Spl. Public Prosecutor. 2. This appeal has been filed against the order dated 18.03.2025 passed by learned Additional Sessions Judge-I-cum- Special Judge, SC/ST (POA) Act, Banka in ABP No. 1656 of 2024 arising out of Banka SC/ST P. S. Case No. 42 of 2017, registered under Sections 447, 341, 323, 504, 506/34 of the Indian Penal Code and Section 3(i)(r) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been Patna High Court CR. APP (SJ) No.1378 of 2025(3) dt.15-07-2025 2/2 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 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 appellants, is dismissed as being not maintainable. Navya/- (Prabhat Kumar Singh, J) U T