Dismissed¶18

Uday Shankar Rai v. The State of Bihar

Patna HC4 Dec 2025CR. APP (SJ)/1962/2024

Case brief

AI extract

What is this about?

Uday Shankar Rai v. The State of Bihar and Santla Paswan; maintainability of anticipatory-bail appeal after cognizance under SC/ST Act taken on 26.06.2025; Jurawanpur P.S. Case No. 18/2024, Vaishali; A.B.P. No. 678/2024 rejected 23.03.2024 by Exclusive Special Judge, SC/ST Act-cum-A.D.J., Hajipur; Sections 341/323/504/506/34 IPC; Sections 3(1)(r)(s) SC/ST (Prevention of Atrocities) Act 1989; relies on Bachu Das Vs State of Bihar, (2014) 3 S.C.C. 471; appeal dismissed as not maintainable; Justice Prabhat Kumar Singh; decided 04-12-2025.

What did the court decide?

In view of the law laid down by the Hon'ble Supreme Court in the case of Bachu Das (supra), the present appeal, filed for pre-arrest bail to the appellant, is dismissed as not maintainable. ¶18

Uday Shankar Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1962 of 2024

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Arising Out of PS. Case No.-18 Year-2024 Thana- JURAWANPUR District- Vaishali

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======================================================

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Uday Shankar Rai, S/O -Late Gulal Rai, R/O- Vilalge- Jurawanpur, Barari, P.S-Barari, District- Vaishali

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... ... Appellant/s

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Versus

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The State of Bihar

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Santla Paswan S/O- Gulab Bhagat R/O- Village- Paharpur East, P.SJurawanpur, District- Vaishali

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Vijay Anand, Advocate For the Respondent/s : Ms.Usha Kumari 1, Spl. PP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 04-12-2025

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Heard learned counsel appearing for the appellant, learned Special Public Prosecutor appearing for the respondentState and learned counsel appearing for the informant/Opposite Party No. 2.

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This appeal has been filed for setting aside the order dated 23.03.2024 passed by learned Exclusive Special Judge, SC/ST Act-cum-A.D.J., Vaishali at Hajipur in A.B.P. No. 678/2024, arising out of Jurawanpur P.S. Case No. 18/24, registered for the offences under Sections 341/323/504/506/34 of the Indian Penal Code and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for anticipatory bail

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Patna High Court CR. APP (SJ) No.1962 of 2024(4) dt.04-12-2025 2/2

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of this appellant has been rejected.

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At the outset, learned counsel for Opposite Party No. 2 points out that in this case, cognizance has already been taken by the learned Court below under the provisions of SC/ST Act against this appellant on 26.06.2025 and as such, this appeal, filed for grant of anticipatory bail to the appellant, is not maintainable, in view of the decision of the Hon’ble Supreme Court in case of Bachu Das Vs State of Bihar and others , reported in (2014) 3 S.C.C. 471 .

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In view of law laid down by the Hon’ble Supreme Court in the case of Bachu Das (supra) , the present appeal, filed for pre-arrest bail to the appellant, is dismissed as not maintainable.

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(Prabhat Kumar Singh, J)

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P.K.P./-

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Uday Shankar Rai v. The State of Bihar

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Uday Shankar Rai v. The State of Bihar

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