Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4094 of 2023 Arising Out of PS. Case No.-271 Year-2019 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1 .

AVINASH KUMAR SON OF UDAY NARAYAN SINGH RESIDENT OF VILLAGE - KHANPUR MAL, PS- BATH, DISTT- BHAGALPUR 2.

BINO MANDAL @ BINDESHWARI MANDAL SON OF JATTAN MANDAL RESIDENT OF VILLAGE - FATEHPUR, PS- SULTANGANJ, DISTT- BHAGALPUR 3 .

RAKESH KUMAR @ GHUGHI @ KUNDAN KUMAR SON OF RABINDRA NATH RESIDENT OF VILLAGE - RASIDPUR, PS- BATH, DISTT- BHAGALPUR ... ... Appellant/s

Versus

1 .

The State of Bihar 2.

Rajeev Ranjan Shankar Das Resident of Village Bishanpur, P.S.- Belhar, District- Banka, Pin code- 813202 ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ashok Kumar No.6 , Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-02-2025 1 . Heard learned counsel for the appellants and Public Prosecutor for the State .

2. It is submitted by the State that the prayer for prearrest bail of the appellants is not maintainable as cognizance has already been taken by the court below also for the offences punishable under the SC/ST 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. 3 . In view of the aforesaid pronouncement of law

Patna High Court CR. APP (SJ) No.4094 of 2023(4) dt.06-02-2025 2/2 rendered by Hon'ble the Supreme Court, appellants prayer of pre-arrest is refused.

(Prabhat Kumar Singh, J) Koushik/- U