Mahendra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1795 of 2024 Arising Out of PS. Case No.-385 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Mahendra Chauhan son of Awadhesh Chauhan Resident of Village- Dani Bigha, Police Station- Nabinagar, District- Aurangabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Savitri Kumari Wife of Ravi Shankar Kumar Resident of Village- Basdiha, Police Station- Nabinagar, Dist.-Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Kamlendra Prasad Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2026 Heard learned counsel for the appellant and learned Special P.P. for the State.

2. This appeal has been filed for setting aside order dated 06.03.2024 passed by the learned Special Judge(SC/ST)- cum 1st Additional District and Sessions Judge, Aurangabad, in a case registered for the offence punishable under Sections 353, 504, 506 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

3. At the outset, learned Special P.P. for the State submits that in this case, cognizance has already been taken by the learned Court below under the provisions of SC/ST Act

Patna High Court CR. APP (SJ) No.1795 of 2024(4) dt.29-01-2026 2/2 against these appellant and as such, this appeal, filed for grant of anticipatory bail to the appellants, is not maintainable, in view of the decision of the Hon'ble Supreme Court in case of Bachu Das Vs State of Bihar and others, reported in (2014) 3 S.C.C. 471.

4. In view of law laid down by the Hon'ble Supreme Court in the case of Bachu Das (supra), the present appeal, filed for pre-arrest bail to the appellant, is dismissed as not maintainable.

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