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2025 DAILYLAW 89117 (PAT)

UPENDRA SAH v. THE STATE OF BIHAR

CR. APP (SJ)/141/2024 · 2025-07-24

Prabhat Kumar Singh

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.141 of 2024 Arising Out of PS. Case No.-24 Year-2019 Thana- KARTAHA District- Vaishali ====================================================== 1. UPENDRA SAH S/O LATE SEPAHI SAH R/O VILLAGE- KANCHANPUR DHAUNSHI, P.S- KARTAHAN, DISTT.- VAISHALI. 2. SURENDRA SAH S/O LATE SEPAHI SAH R/O VILLAGE- KANCHANPUR DHAUNSHI, P.S- KARTAHAN, DISTT.- VAISHALI. ... ... Appellant/s Versus 1. THE STATE OF BIHAR 2. SUSHILA DEVI W/O JAY PRAKASH DAS @ PRAGASH DAS R/O VILLAGE- KANCHANPUR DHAUNSHI, P.S- KARTAHAN, DISTT.- VAISHALI. ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Ram Shankar Prasad, Advocate For the State : Mr. Binay Krishna, Spl.PP For Respondent No. 2 : Mr. Prakash Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 24-07-2025 Heard learned counsel for the appellants, learned Spl.PP for the State and learned counsel for the informant /Respondent No. 2. 2. This appeal has been filed for setting aside order dated 24.11.2023 passed by the learned Exclusive Special Court (SC/ST Act), Vaishali at Hajipur in a case registered for the offence punishable under Sections 436 and 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected. Patna High Court CR. APP (SJ) No.141 of 2024(4) dt.24-07-2025 2/2 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 informant/Respondent No. 2 that the prayer for grant of pre-arrest bail to these appellants 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), appellants’ prayer for grant of pre-arrest bail is rejected and this appeal stands dismissed. shashank/- (Prabhat Kumar Singh, J) U T