The Patna High Court refused the appellant's prayer for pre-arrest bail in a case involving offences under the SC/ST Act. Relying on Bachu Das, the court held that the prayer was not maintainable as the court below had already taken cognizance.
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.1588 of 2025
Arising Out of PS. Case No.-50 Year-2024 Thana- COMPLAINT CASE District- Jamui
======================================================
Md. Naushad Rijvi @ Md. Rizvi Son of Md. Ahraf Jahan Khan Resident of
village- Nimarang, Ps- jamui, Dist- Jamui
... ... Appellant/s
Versus
... ... Respondent/s
======================================================
Appearance : For the Appellant/s : Mr. Md Abu Haidar , Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 17-11-2025 1 . Heard learned counsel for the appellant and the
State .
for the State that the prayer for pre-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
Patna High Court CR. APP (SJ) No.1588 of 2025(4) dt.17-11-2025 2/2
Vs. State of Bihar and others , reported in (2014) 3 Supreme
Court Cases 471 .
3 . In view of the aforesaid pronouncement of law
rendered by Hon’ble the Supreme Court, appellants’ prayer of pre-arrest is refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
2 issues framed by the court
Whether the prayer for pre-arrest bail is maintainable when the court below has already taken cognizance and the offence is punishable under the SC/ST Act.
Whether the judgment of Bachu Das prohibits the grant of pre-arrest bail in cognizable offences involving SC/ST Act where cognizance has been taken.
Colour shows how this judgement treated each authority
Bachu Das Vs. State of Bihar and othersFollowed¶17
(2014) 3 Supreme Court Cases 471
Md. Naushad Rijvi @ Md. Rizvi
The State of Bihar
Kavita Devi
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
