Jeevan Prakash @ Jeevan Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3091 of 2025 Arising Out of PS. Case No.-93 Year-2016 Thana- SC/ST District- East Champaran ====================================================== 1.
Jeevan Prakash @ Jeevan Srivastava S/o- Mahesh Prasad Srivastava @ Mahesh Prasad Shrivastawa Village- Sarsaula Barwa W.No-5, Ps- Lakhaura Dist- East Champaran 2.
Manoj Ranjan @ Manoj Srivastava S/o- Mahesh Prasad Srivastava @ Mahesh Prasad Shrivastawa Village- Sarsaula Barwa W.No-5, Ps- Lakhaura Dist- East Champaran ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellants :
Mr. Abhishek Kumar, Advocate For the State :
Mr. Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2025 Heard learned counsel for the appellants and learned Spl.PP for the State.
2. This appeal has been filed for setting aside order dated 07.07.2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, East Champaran at Motihari in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 379 and 504 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected.
3. At the outset, it is submitted by learned Spl.P.P.
Patna High Court CR. APP (SJ) No.3091 of 2025(2) dt.25-09-2025 2/2 appearing on behalf of the State that the prayer for grant of prearrest bail to these appellants is not maintainable, as cognizance has already been taken by the learned trial court under Sections 147, 148, 149, 323, 379 and 504 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In this regard, reliance is placed in the case of Bachu Das Vs. State of Bihar and others, reported in (2014) 3 Supreme Court Cases 471.
4. In view of the aforesaid submissions and pronouncement of law rendered by the Hon'ble Supreme Court in the case of Bachu Das (supra), appellants' prayer for grant of pre-arrest bail is rejected and this appeal stands dismissed. (Prabhat Kumar Singh, J) shashank/- U T