Manoranjan Kumar Mahto @ Manoranjan Mahto @ Mannu Mahto @ Mannu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.953 of 2025 Arising Out of PS. Case No.-474 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Manoranjan Kumar Mahto @ Manoranjan Mahto @ Mannu Mahto @ Mannu Son of Moti Mahto Resident of ward no. 05, Village Gamhariya, Police Station - Bakhri, District- Begusarai.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ramanand Chaudhary Son of Late Baleshwar Chaudhary Resident of ward no. 06, Village -Mohanpur, Police Station - Bakhri, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Appellant :

Mr. Kundan Kumar, Advocate For the State :

N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2025 Heard learned counsel appearing on behalf of the appellant.

2. No one appears on behalf of the State.

3. This appeal has been filed for setting aside order dated 20.01.2025 passed in a case registered for the offence under Sections 126(2), 115(2), 352, 351(2), 303(2) and 3(5) of B.N.S. and Sections 3(1)(r) and 3(1)(s) of the SC/ST (POA) Act, whereby the prayer for anticipatory bail of appellant has been rejected.

4. From bare perusal of Annexure-A/2 of the supplementary affidavit filed on behalf of the appellant it is apparent that proceedings under Section 82 of the Cr.P.C. has

Patna High Court CR. APP (SJ) No.953 of 2025(3) dt.08-07-2025 2/2 already been initiated against this appellant and as such, this appeal is not maintainable, in view of several decisions of the Supreme Court in the case of (i) Lavesh v. State (NCT of Delhi) reported in (2012) 8 S.C.C. 730; (ii) State of MP v. Pradeep Sharma reported in (2014) 2 S.C.C. 17 and (iii) Prem Shankar Prasad v. State of Bihar reported in 2021 SCC Online SC 955.

5. Considering the aforesaid facts and circumstances of the case and decisions of the Supreme Court, the prayed for for grant of anticipatory bail to the appellant is rejected and this appeal stands dismissed.

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