Prabhat Kumar Singh @ Annu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.797 of 2023 Arising Out of PS. Case No.-42 Year-2020 Thana- SC/ST District- Samastipur ====================================================== Prabhat Kumar Singh @ Annu Singh Son Of Jay Jay Ram Singh Resident Of Village- Hasanpur, P.S.- Hasanpur, District- Samastipur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Upendra Ram Son of Late Ramgulam Ram Resident of Village- Marachi Ujagar, Hasanpur, P.S.- Hasanpur, District- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Anil Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2023 Heard learned counsel for the parties.

Learned counsel for the appellant submits that the final form was submitted against the appellant but the learned court below after differing with the final form took cognizance against him.

It is submitted by learned Spl.P.P. for the State that if cognizance is taken against the appellant, anticipatory bail application is not maintainable in view of the judgment of the Apex Court in the case of Bachu Das vs. State of Bihar and others reported in (2014) 3 Supreme Court Cases 471. Accordingly, this appeal is dismissed as not maintainable.

devendra/- (Anjani Kumar Sharan, J) U T