The Patna High Court dismissed an appeal for pre-arrest bail as not maintainable. The court relied on a Supreme Court decision holding that taking cognizance earlier precludes further bail proceedings under the SC/ST Act context.
The pre-arrest bail appeal was dismissed as not maintainable.
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.792 of 2023
Arising Out of PS. Case No.-936 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur
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Bidhan Chandra Choudhary S/o Late Laxman Choudhary R/o Professor Colony, Patel Nagar, Nasratkhani Road, University, Distt- Bhagalpur. At present residing at Girija Mukteshwar Colony Mayaganj, P.S.- Barari, DisttBhagalpur.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar Tiwary For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
6 15-09-2023 Heard learned counsels for the appellant, respondent no. 2 and the State.
Cases 471 .
Patna High Court CR. APP (SJ) No.792 of 2023(6) dt.15-09-2023 2/2
appeal seeking pre-arrest bail of appellant, is dismissed as not maintainable.
(Prabhat Kumar Singh, J)
vinita/- U T
1 issue framed by the court
Whether the pre-arrest bail appeal is maintainable in view of an earlier cognizance by the Court below for offences under the SC/ST Act.
Colour shows how this judgement treated each authority
Bachu Das Vs. State of Bihar and othersRelied on¶13
(2014) 3 Supreme Court Cases 471
Bidhan Chandra Choudhary
The State of Bihar
Anita Devi
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
