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2025 DAILYLAW 39876 (PAT)

Vinod Gupta @ Vinod Kumar Gupta v. The State of Bihar

CR. APP (SJ)/1634/2025 · 2025-07-23

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.1634 of 2025 Arising Out of PS. Case No.-106 Year-2023 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== Vinod Gupta @ Vinod Kumar Gupta Son of Ganauri Gupta @ Ganauri Gupa @ Ganauri Prasad @ Ganauri Saw R/O Village - Salimpur Ahra, P.S.- Gandhi Maidan, District - Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Deepak Kumar Son of Dina Paswan Resident of Salimpur Ahra, P.S.- Gandhi Maidan, District - Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Jainendra Kumar Pushkar, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 23-07-2025 Heard learned counsel appearing on behalf of appellant and Spl. Public Prosecutor. 2. This appeal has been filed against the order dated 08.04.2025 passed by learned Exclusive Special Judge, SC/ST Act Civil Court (Sadar) Patna in ABP No. 1468 of 2025 arising out of Special/Complaint Case No. 106(c) of 2023, registered under Sections 341, 323 of the Indian Penal Code and Sections 3(2)(va) 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 Patna High Court CR. APP (SJ) No.1634 of 2025(3) dt.23-07-2025 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