Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3072 of 2022 Arising Out of PS. Case No.-1 Year-2020 Thana- SC/ST District- Jehanabad ====================================================== 1.

Nagendra Kumar, Son of Sri Ragho Prasad, Resident of village - Masarh, P.S.- Okri, District - Jehanabad.

2.

Birendra Kumar, Son of Sri Ragho Prasad, Resident of village - Masarh, P.S.- Okri, District - Jehanabad.

3.

Dhirendra Kumar @ Bittu Kumar, Son of Sri Ragho Prasad, Resident of village - Masarh, P.S.- Okri, District - Jehanabad. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Abhay Paswan, Son of Jagdish Paswan, Resident of village - Masarh, P.S.- Ghosi (Okri O.P.), District - Jehanabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vaishnavi Singh, Adv.

For the Respondent/s :

Mr.Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-04-2023 Heard learned counsels for the appellants, respondent no.2 and the State.

At the outset, learned counsel appearing for respondent no.2 submits that the instant appeal is not maintainable as cognizance has already been taken in the case by the court below also for the offences punishable under the SC/ST Act. In this regard, reliance is placed on the decision of the Hon'ble Supreme Court given in the case of Bachu Das Vs. State of Bihar and Others, reported in (2014)3 Supreme Court Cases 471.

Patna High Court CR. APP (SJ) No.3072 of 2022(3) dt.12-04-2023 2/2 In view of the aforesaid pronouncement of law, this appeal seeking pre-arrest bail of appellants, is dismissed as not maintainable.

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