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Patna High CourtCR. APP (SJ)/5096/2023dismissed

Pappan Kumar Singh @ Baban Kumar Singh v. The State Of Bihar

2025-02-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5096 of 2023 Arising Out of PS. Case No.-32 Year-2021 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== PAPPAN KUMAR SINGH @ BABAN KUMAR SINGH SON OF KRISHNA VALLABH SINGH RESIDENT OF VILLAGE- CHAUTHAM , PS- CHAUTHAM, DISTT- KHAGARIA ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

SHRAVAN RAJAK SON OF RAMJHI RAJAK RESIDENT OF VILLAGETELIHAR, PS- BELDOUR, DISTT- KHGARIA ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Parmatma Singh For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the appellant and learned Special P.P. for the State.

2. This appeal has been filed against the order dated 07.10.2023 passed by learned 1st Additional Sessions Judgecum-Special Judge, SC & ST Act, Khagaria in connection with Complaint Case No. 32(C) of 2021 registered under Sections 323, 406, 420, 504 and 506 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST (POA) Act, whereby the prayer for anticipatory bail of 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.5096 of 2023(3) dt.06-02-2025 2/2 against appellant and as such, this appeal, filed for grant of anticipatory bail, is not maintainable, in view of the decision of the Hon'ble Supreme Court in the 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) anay U T