Patna High Court

Vishwanath Mahto @ Bishwanath MahtoversusThe State of Bihar

Decided: 27 January 2026
Disposal: CONVERTED
Bench: RAJEEV RANJAN PRASAD PRAVEEN KUMAR

Holding

The court allowed the conversion of the appeal into a criminal appeal (SJ).

Summary

Vishwanath Mahto appealed against his conviction under the State of Bihar. Counsel for the appellant sought permission to convert the pending appeal into a criminal appeal (Special Judge) on the ground of the quantum of the sentence imposed. The High Court noted the request and, after consideration, granted permission for the conversion. The court directed the appellant’s counsel to complete the necessary procedural steps within two weeks. The matter was ordered to be listed thereafter under the appropriate heading.

Issues considered

Whether the appeal may be converted into a criminal appeal (Special Judge) owing to the quantum of sentence

Subjects

appeal conversion
criminal appeal (SJ)
sentence quantum
procedural order
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.950 of 2025
                      Arising Out of PS. Case No.-33 Year-2021 Thana- MADHUBANI TOWN District-
                                                        Madhubani
                  ======================================================
                  Vishwanath Mahto @ Bishwanath Mahto S/o Late Rajendra Mahto Village-
                  Mauza, Ward No.14, Suratganj, Nilam Talkies Road, PS- Town, Madhubani,
                  District- Madhubani
                                                                          ... ... Appellant/s
                                                  Versus
                  The State of Bihar
                                                                       ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :       Ms. Kumari Pallavi, Advocate
                  For the Respondent/s   :       Mr. Sujit Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                          and
                          HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

3    27-01-2026                 Taking note of defect no. 6(1), learned counsel for the

                    appellant prays to allow him to convert the present appeal into

                    Cr. Appeal (SJ) in view of quantum of sentence.

                                2. Permission is granted.

                                3. Necessary steps be taken by learned counsel for the

                    appellant to convert this appeal into Cr. Appeal (SJ) within two

                    weeks from today.

                                4. List thereafter under appropriate heading.



                                         (Rajeev Ranjan Prasad, J)


                                             ( Praveen Kumar, J)
Jyoti/-
U       T

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