Patna High Court
Pintu PoddarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal is dismissed as withdrawn, with liberty to surrender and seek regular bail.
Summary
The appellant, Pintu Poddar, filed a criminal appeal in 2025 challenging a conviction arising from an FIR registered in 2017, for which a charge sheet was filed in 2021 and cognizance taken thereafter. The Special Public Prosecutor argued that, given the cognizance, the provisions of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, were applicable, thereby establishing a prima facie case. The appellant's counsel sought permission to withdraw the appeal and requested liberty for the appellant to surrender and apply for regular bail. The Court granted the request, allowing the withdrawal of the appeal. Consequently, the appeal was dismissed as withdrawn, with liberty to surrender and seek bail.
Issues considered
- Whether an appeal can be withdrawn after cognizance has been taken under the SC/ST (Prevention of Atrocities) Act.
- Whether Section 18 of the SC/ST (Prevention of Atrocities) Act applies to the facts of the case.
Legislation cited
Subjects
- appeal withdrawal
- cognizance
- Section 18
- SC/ST (Prevention of Atrocities) Act
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1879 of 2025
Arising Out of PS. Case No.-4 Year-2017 Thana- MAHILA PS District- Khagaria
======================================================
Pintu Poddar S/O Arjun Poddar R/O Village- Jalkaura, P.S- Gangour, District-
Khagaria.
... ... Appellant/s
Versus
1. The State of Bihar
2. Meera Devi W/O Chandra Kishore Rajak R/O Villwg- Jahangira Sobhni,
P.S- Gangour, Dist.- Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pankaj Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 02-07-2026 1. Heard learned counsel for the appellant and
learned Special P.P. for the State, Mr. Binay Krishna.
2. The learned Special PP, at the outset, submits
that from perusal of the FIR, it would manifest that the case is of
the year 2017, but there is no pleading in the appeal that as to
what happened during the course of investigation, on which the
learned counsel appearing on behalf of the appellant submits
that police after investigation submitted charge sheet based on
which cognizance was taken in the year 2021 itself, but
inadvertently the said fact could not be pleaded in the instant
appeal which was filed in the year 2025, on which the learned
Special PP submits that since cognizance has been taken, as
Patna High Court CR. APP (SJ) No.1879 of 2025(4) dt.02-07-2026
2/2
such, a prima facie case is made out, hence rigors of Section 18
of the SC/ST will apply.
3. At this stage, the learned counsel appearing on
behalf of the appellant seeks permission to withdraw the appeal
with liberty to the appellant to surrender and seek regular bail.
4. Permission is accorded.
5. Accordingly, the appeal stands dismissed as
withdrawn with the liberty aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T
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