Santosh Das @ Santosh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.377 of 2024 Arising Out of PS. Case No.-359 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== Santosh Das @ Santosh Kumar Das Son of Shambhu Das Resident of Village-Parwa Navtol, Ward No. 7, P.S.-Murliganj, District-Madhepura. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Habri Devi W/o Yogendra Das Resident of Village-Parwa Navtol, Ward No.- 7, P.S.-Murliganj, District-Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Nafisu Zzoha, Adv.

For the Respondent/s :

Ms. Usha Kumari 1, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 Heard learned counsel appearing on behalf of appellant and Spl. Public Prosecutor for the State.

2. This appeal has been filed against the order dated 18.12.2023 passed by learned Additional District and Sessions Judge-I-cum-Special Judge, Madhepura in connection with Murliganj P.S. Case No. 359 of 2020, registered under Section 302 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v)(v-a) of the SC/ST Act, whereby the prayer for anticipatory bail of appellant has been rejected.

3. At the outset, learned Spl. Public Prosecutor appearing for the State submits that this anticipatory bail application is not maintainable as the Court below has already

Patna High Court CR. APP (SJ) No.377 of 2024(3) dt.12-09-2024 2/2 taken cognizance of the offence punishable under Sections 302/120B of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v)(v-a) of the SC/ST Act. In this connection, he refers to a decision of the Hon'ble Supreme Court, passed in case of Bachu Das Vs State of Bihar and others, reported in Cr. Appeal No. 314 of 2014.

4. Considering the aforesaid facts and circumstances of the case as also the law laid down by the Hon'ble Supreme Court in the case of Bachu Das (supra), instant appeal filed for pre-arrest bail to the appellant, is dismissed as being not maintainable.

(Prabhat Kumar Singh, J) utkarsh/- U T