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Patna High Court

Pintu PoddarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The appeal is dismissed as withdrawn, with liberty to surrender and seek regular bail.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 Consequently, the appeal was dismissed as withdrawn, with liberty to surrender and seek bail.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  • Whether an appeal can be withdrawn after cognizance has been taken under the SC/ST (Prevention of Atrocities) Act.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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