Abhishek Kumar @ Avinash Kumar @ Avinash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1716 of 2024 Arising Out of PS. Case No.-72 Year-2023 Thana- SC/ST District- Begusarai ====================================================== 1.
Abhishek Kumar @ Avinash Kumar @ Avinash Yadav Son Of Raj Kumar Yadav Resident Of Village- Badi Balia, Siraja, Ward No. 10, Ps- Balia, DistBegusarai 2.
Usha Devi Wife Of Raj Kumar Yadav Resident Of Village- Badi Balia, Siraja, Ward No. 10, Ps- Balia, Dist- Begusarai 3.
Nutan Devi @ Kumari Ayushi @ Kumari Aaushi Daughater Of Raj Kumar Yadav Resident Of Village- Badi Balia, Siraja, Ward No. 10, Ps- Balia, DistBegusarai ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Vikki Devi Wife Of Ramakant Paswan Resident Of Village- Badi Balia, Siraja, Ward No. 10, Ps- Balia, Dist- Begusarai ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Shashank Shekhar, Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl. Public Prosecutor For the R.P. No. 2 :
Mr. Rohit Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2025 Heard learned counsels for the parties.
2. This appeal has been filed against the order dated 22.01.2024 passed by learned Exclusive Special Judge, SC/ST (POA) Act, Begusarai in ABP No. 2699 of 2023 arising out of SC/ST P. S. Case No. 72 of 2023, registered under Sections 341, 323, 324, 354B, 379, 504, 506/34 of the Indian Penal Code and Sections 3(1)(da)(dha)(w) and 3(2)(va) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been rejected.
Patna High Court CR. APP (SJ) No.1716 of 2024(3) dt.21-08-2025 2/2
3. At the outset, learned counsel for the Respondent No. 2 vehemently opposed the bail application and submitted that the instant anticipatory bail is not maintainable as cognizance under SC/ST Act has already been taken against the appellants on 22.03.2025 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 appellants, is dismissed as being not maintainable.
(Prabhat Kumar Singh, J) Navya/- U T