The High Court at Patna dismissed an appeal seeking anticipatory bail, relying on Bachu Das Vs. State of Bihar, holding that bail is not maintainable once cognizance is taken for offences under the SC/ST Act.
The appeal for pre-arrest bail to the appellants has been dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1636 of 2023
Arising Out of PS. Case No.-76 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran
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... ... Appellants
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Ravindra Kumar Singh For the Respondent/s : Mr.Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
Heard learned counsel for the appellants and the State. 2. It is submitted on behalf of the State that this appeal, seeking anticipatory bail to the appellants, is not maintainable as cognizance has already been taken by the Court below also for the offences punishable under the SC/ST Act. In this regard, reliance is placed on the decision of the Hon’ble Supreme Court rendered in the case of Bachu Das Vs. State of Bihar and others, reported in (2014) 3 Supreme Court Cases 471 .
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether an appeal seeking anticipatory bail is maintainable when cognizance has already been taken under the SC/ST Act.
Colour shows how this judgement treated each authority
Bachu Das Vs. State of Bihar and othersApplied¶16
(2014) 3 Supreme Court Cases 471
Alaudin Mansuri & others
The State of Bihar
Paspat Sah
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
