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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1705 of 2025 Arising Out of PS. Case No.-95 Year-2023 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Varan Chauhan S/o Vishu Chauhan R/o Village- Choti Mudari, P.S.- Harnaut, Distt.- Nalanda ... ... Appellant/s Versus
1. The State of Bihar
2. Vinay Kumar S/o Late Jageshwar Prasad R/o Vill.- Sarvottam Nagar, Maghar, P.S.- Deepnagar, Distt.- Nalanda ... ... Respondent/s ====================================================== Appearance : For the Appellant : Mr. Anand Kishore Choudhary, Advocate For the State : Mr. Sadanand Paswan, Spl.PP For Opposite Party No. 2: Mr. Anil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 07-07-2025 Heard learned counsel for the appellant, learned Spl.PP for the State and learned counsel for the complainant/Opposite Party No. 2.
2. This appeal has been filed for setting aside order dated 18.03.2025, passed in a case registered for the offence punishable under Sections 406, 420 and 34 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.
3. At the outset, it is submitted by learned Spl.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2 that the
Patna High Court CR. APP (SJ) No.1705 of 2025(2) dt.07-07-2025 2/2 prayer for grant of pre-arrest bail of the appellant is not maintainable, as cognizance has already been taken by the learned trial court also for the offences punishable under the SC/ST Act. In this regard, reliance is placed in the case of Bachu Das Vs. State of Bihar and others, reported in (2014) 3 Supreme Court Cases 471.
4. In view of the aforesaid submissions and pronouncement of law rendered by the Hon’ble Supreme Court in the case of Bachu Das (supra), appellant’s prayer for grant of pre-arrest bail is rejected and this appeal stands dismissed.
shashank/- (Prabhat Kumar Singh, J) U T