Krishna Mohan Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.658 of 2023 Arising Out of PS. Case No.-261 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== KRISHNA MOHAN SAHU Son of Pramod Sahu Resident of Village- Mahra, P.S.- Singhiya, District- Samastipur ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Anita Devi Wife of Yogendra Chaupal Resident of Village- Mahra, P.S.- Singhiya, District- Samastipur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Girish Chandra Jha, Advocate For the Respondent/s :
Ms. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2024 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 21.10.2022 passed by learned Special Judge SC/ST(POA) Act, Samastipur in C.R. No. 261 of 2021, T.R. No. 1613 of 2022, registered under Sections 147, 149, 323, 504, 341, 325, 307, 504, 506 of the Indian Penal Code and Sections 3(i)(n)(s) of the SC/ST Act, whereby the prayer for anticipatory bail of appellant has been rejected.
3. Learned Spl. Public Prosecutor appearing for the State vehemently opposed the bail application and submitted that the instant appeal is not maintainable as cognizance under
Patna High Court CR. APP (SJ) No.658 of 2023(4) dt.25-07-2024 2/2 SC/ST Act has already been taken by learned Court below and 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 law laid down by the Hon'ble Supreme court in 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) Navya/- U T