This oral order dismissed an appeal for anticipatory bail. The single judge held that because cognizance was already taken, as per Bacchu Das, the appeal did not lie.
Appeal relating to grant of anticipatory bail dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.552 of 2017
Arising Out of PS.Case No. -3152 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA
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Versus
State of Bihar & Anr .... .... Respondents ====================================================== Appearance :
For the Appellant/s : Mr. Mukesh Kumar Rana For the Respondent/s : Mr. Sri Sadanand Paswan
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
3 10-04-2017 Heard learned counsel for the appellants as well as learned Special Public Prosecutor.
From the impugned order, it is evident that cognizance of an offence under various sections including that of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has already been taken. On account thereof, as per principle decided by the Hon’ble Apex Court in Bacchu Das vs. State of Bihar 2014 (3) SCC 471, instant memo of appeal relating to grant of an anticipatory bail would not lie.
Consequent thereupon, the same is dismissed.
(Aditya Kumar Trivedi, J.)
rinkee/-
U T
1 issue framed by the court
Whether an appeal for grant of anticipatory bail lies when the court has already taken cognizance of an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Colour shows how this judgement treated each authority
Bacchu Das vs. State of BiharReferred¶18
Bacchu Das vs. State of Bihar 2014 (3) SCC 471 · Who else cites this
1 provisions across 1 enactments
Md. Musa and others
State of Bihar & Anr
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
