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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4091 of 2024 Arising Out of PS. Case No.-9 Year-2020 Thana- SC/ST District- Sheikhpura ====================================================== Sunil Kumar @ Sunil Singh S/o Mundrika Singh R/o vill and P.S. - Birupur, Distt. - Lakhisarai ... ... Appellant/s Versus
1. The State of Bihar
2. Saket Ram S/o Prabhu Ram R/o Ghatkusumbha, P.S. - Korma, Distt. - Sheikhpura ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Kumar Gaurav, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor For the R.P. No. 2 : Mr. Samir Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 06-03-2025 Heard learned counsel appearing on behalf of appellant, respondent No. 2 and Spl. Public Prosecutor.
2. This appeal has been filed against the order dated 13.08.2024 passed by learned 1st Additional District and Sessions Judge-cum-Special Judge (SC/ST Act), Sheikhpura in ABP No. 503 of 2024 in connection with Sheikhpura SC/ST Case No. 31/20 arising out of Sheikhpura SC/ST P. S. Case No. 09 of 2020 registered under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been rejected.
3. Learned Spl. Public Prosecutor appearing for the
Patna High Court CR. APP (SJ) No.4091 of 2024(4) dt.06-03-2025 2/2 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 of the appellant, is dismissed as being not maintainable.
Navya/- (Prabhat Kumar Singh, J) U T