The High Court of Patna considered an appeal against the refusal of pre-arrest bail. Relying on the Supreme Court decision in Bachu Das, the court held that the prayer was not maintainable as cognizance had been taken for offences under the SC/ST Act and refused the bail.
Appellant's prayer for pre-arrest bail was refused.
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.726 of 2023
Arising Out of PS. Case No.-303 Year-2021 Thana- LAUKAHA District- Madhubani
======================================================
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar , Advocate For the Respondent/s : Mr. Sadanand Paswan, APP For the Respondent No. 2 : Mr. Gagan Deo Yadav , Advocate Mr. Ravi Prakash, Advocate Mr. Vinod Kumar, Advocate Mr. Udeshya Kumar Yadav , Advocate Mr. Rajesh Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
State.
Patna High Court CR. APP (SJ) No.726 of 2023(4) dt.01-09-2023 2/2
arrest bail of the appellant 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 in the case of Bachu Das Vs. State of Bihar and others , reported in (2014) 3 Supreme Court Cases 471 .
(Prabhat Kumar Singh, J)
Kaushik/-
U T
2 issues framed by the court
Whether the prayer for pre-arrest bail of the appellant is maintainable in light of the Supreme Court pronouncement in Bachu Das vs. State of Bihar.
Whether pre-arrest bail can be granted when cognizance has been taken for offences under the SC/ST Act.
Colour shows how this judgement treated each authority
Bachu Das Vs. State of Bihar and othersRelied on¶20
(2014) 3 Supreme Court Cases 471
Jugut Lal Mahato @ Jugut Mahato and Others
The State of Bihar
Ram Bahadur Bharti
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
