IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3093 of 2024 Arising Out of PS. Case No.-149 Year-2020 Thana- COMPLAINT CASE District- Araria ====================================================== 1. Md. Shamsad @ Samsad Son of Late Riyajuddin R/O Vill.- Chilhariya, P.S.- Mahalgaon, Dist.- Araria 2. Md. Irshad @ Irshad Son of Late Riyajuddin R/O Vill.- Chilhariya, P.S.- Mahalgaon, Dist.- Araria 3. Md. Isteyaque Son of Late Riyajuddin R/O Vill.- Chilhariya, P.S.- Mahalgaon, Dist.- Araria 4. Md. Mintu Son of Late Riyajuddin R/O Vill.- Chilhariya, P.S.- Mahalgaon, Dist.- Araria ... ... Appellants Versus 1. The State of Bihar. 2. Sachchidanand Ram Son of Late Chhedi Ram R/O Vill.- Kakorha, Ward no. 07, P.S.- Mahalgaon, Dist.- Araria. ... ... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Md Naushaduzzoha, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 15-05-2025 Heard learned counsel appearing on behalf of appellants and Spl. Public Prosecutor appearing on behalf of the State. 2. This appeal has been filed against the order dated 24.05.2024 passed by learned 1st Additional District & Sessions Judge-cum-Special Judge, Araria in ABP No. 1103 of 2024, arising out of Complaint Case No. (SC/ST) 149 of 2020, registered under Sections 323, 504 and 506 of the Indian Penal Code and under Sections 3(i)(r) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been rejected. Patna High Court CR. APP (SJ) No.3093 of 2024(4) dt.15-05-2025 2/2 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 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. Shahnawaz/- (Prabhat Kumar Singh, J) U T