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2026 DAILYLAW 42977 (PAT)

Brajendra Kumar @ Brajesh Kumar v. The State of Bihar

CR. APP (SJ)/4789/2025 · 2026-01-15

Prabhat Kumar Singh

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4789 of 2025 Arising Out of PS. Case No.-57 Year-2024 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== 1. Brajendra Kumar @ Brajesh Kumar S/o Sri Sadhu Prasad Resident of - Sebri Nagar, P.S - Rupaspur, District - Patna 2. Sabita Devi W/o Brajendra Kumar Resident of - Sebri Nagar, P.S - Rupaspur, District - Patna 3. Suraj Kumar S/o Brajendra Kumar Resident of - Sebri Nagar, P.S - Rupaspur, District - Patna 4. Sunny Kumar S/o Vinod Kumar Sharma Resident of - Sebri Nagar, P.S - Rupaspur, District - Patna 5. Balram @ Balram Chandra Prabhakar S/o Sri Ram Naresh Yadav Resident of - Sebri Nagar, P.S - Rupaspur, District - Patna ... ... Appellant/s Versus 1. The State of Bihar 2. Sangita Devi W/o Late Munna Manjhi Resident of - Sebri Nagar, P.S - Rupaspur, District - Patna ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Prashant Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 15-01-2026 Heard learned counsel appearing on behalf of appellants and Spl. Public Prosecutor. 2. This appeal has been filed against the order dated 15.10.2025 passed by learned Exclusive Special Judge, SC/ST Act, Civil Court (Sadar), Patna in ABP No. 4280 of 2025 arising out of Complaint Case No. 57 (C) of 2024, registered under Sections 341, 323, 504 of the Indian Penal Code and Section 3(2)(va) of the SC/ST Act, whereby the prayer for anticipatory Patna High Court CR. APP (SJ) No.4789 of 2025(3) dt.15-01-2026 2/2 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 cognizance under SC/ST Act has already been taken by learned Court below on 1.10.2025 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