IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2111 of 2025 Arising Out of PS. Case No.-114 Year-2023 Thana- DHORAIYA District- Banka ====================================================== 1. Sonu Mahto @ Sonu Kumar S/o Vijoy Mahto @ Vijay Kumar Mahto Resident of Village- Pair, PS-Dhoraiya, District- Banka 2. Ranjan Mahto @ Gyanranjan Kumar S/o Vijoy Mahto @ Vijay Kumar Mahto Resident of Village- Pair, PS-Dhoraiya, District- Banka 3. Bithal Roy S/o Sibu Roy @ Butti Roy Resident of Village- Pair, PS- Dhoraiya, District- Banka 4. Vijoy Mahto @ Vijay Kumar Mahto S/o Late Baleshwar Mahto Resident of Village- Pair, PS-Dhoraiya, District- Banka 5. Mantun Manjhi @ Mantu Manjhi S/o Late Chudli Manjhi Resident of Village- Pair, PS-Dhoraiya, District- Banka ... ... Appellant/s Versus 1. The State of Bihar 2. Priti Devi W/o Prakash Paswan Resident of Village- Pair, PS-Dhoraiya, District- Banka ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 29-07-2025 Heard learned counsel appearing on behalf of appellants and Spl. Public Prosecutor. 2. This appeal has been filed against the order dated 07.04.2025 passed by learned Additional Sessions Judge-I-cum- Special Judge, SC/ST (POA) Act, Banka in ABP No. 1578 of 2024 arising out of Dhoraiya P. S. Case No. 114 of 2023, registered under Sections 341, 323, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w), 3(2)(va) of the SC/ST Act, Patna High Court CR. APP (SJ) No.2111 of 2025(3) dt.29-07-2025 2/2 whereby the prayer for anticipatory bail of appellants 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 perusal of the impugned order it is apparent that cognizance under SC/ST Act has already been taken by learned Court below on 21.02.2024 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