Jageshwar Mahto @ Jageshwar Prasad @ Jagesar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1892 of 2023 Arising Out of PS. Case No.-686 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Jageshwar Mahto @ Jageshwar Prasad @ Jagesar Mahto Son of Dilchand Mahto Resident of Village - Amaithi, P.S.- Wazirganj, District - Gaya. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Manti Devi Wife of Bhagwan Das Resident of Village - Amaithi, P.S.- Wazirganj, District - Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Shivendra Prasad, Advocate For the Respondent/s :
Ms. Usha Kumari 1, Spl. Public Prosecutor For the R.No. 2 :
Mr. Rohit Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2026 Heard learned counsel appearing on behalf of appellant, respondent no. 2 and Spl. Public Prosecutor.
2. This appeal has been filed against the order dated 16.03.2023 passed by learned Exclusive Special Judge, SC/ST Act, Gaya in ABP No. 33 of 2023 arising out of Wazirganj P. S. Case No. 686 of 2022, registered under Sections 341, 447, 323, 354, 504/34 of the Indian Penal Code and Sections 3(2)(va) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been rejected.
3. Learned counsel for respondent no. 2 vehemently opposed the bail application and submitted that the instant anticipatory bail is not maintainable as cognizance under SC/ST
Patna High Court CR. APP (SJ) No.1892 of 2023(8) dt.19-03-2026 2/2 Act has already been taken against appellant on 24.09.2025 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 appellant, is dismissed as being not maintainable.
(Prabhat Kumar Singh, J) Navya/- U T