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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn.

Summary

The appellant, Rakesh Kumar, filed a criminal appeal under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging an order dated 19‑06‑2025 passed by the Exclusive Special Judge, SC/ST (POA) Act, Nawada. While the appeal was pending, the appellant surrendered before the trial court. Counsel for the appellant sought the Court’s permission to withdraw the appeal on the ground of surrender. The Hon’ble Justice Satyavrat Verma granted the permission, holding that the appeal could be withdrawn. Consequently, the appeal was dismissed as withdrawn.

Issues considered

  • Whether an appeal filed under Section 14‑A(2) of the SC/ST (POA) Act may be withdrawn after the appellant surrenders before the trial court.

Legislation cited

Subjects

  • SC/ST (Prevention of Atrocities) Act
  • appeal withdrawal
  • surrender
  • criminal procedure
  • Section 14-A

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3150 of 2025
                    Arising Out of PS. Case No.-63 Year-2025 Thana- NEMDARGANJ District- Nawada
                 ======================================================
                 Rakesh Kumar S/O Shivnandan Mahto @ Shivnandan Prasad Resident of
                 Village- Bela Tand, P.S.- Nemdarganj, District- Nawada
                                                                        ... ... Appellant/s
                                                   Versus
           1.     The State of Bihar
           2.     Subhash Rajwanshi S/O Ajiya Rajwanshi @ Umesh Rajwanshi @ Ugam
                  Rajwansh Resident of Village- Bela Tand, P.S.- Nemdarganj, District-
                  Nawada
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sanjay Kumar Sharma, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   02-02-2026                 1. Heard learned counsel for the appellant and learned
                   Special Public Prosecutor for the State.
                               2. Learned counsel for the appellant seeks permission
                   to withdraw this memo of appeal as the appellant during
                   pendency of the same surrendered before the learned trial court.
                               3. Permission is accorded.
                               4. Accordingly, this appeal, under Section 14-A(2) of
                   the Scheduled Castes and Scheduled Tribes (Prevention of
                   Atrocities) Act, 1989, for setting aside the order dated
                   19.06.2025, passed by the learned Exclusive Special Judge,
                   SC/ST (POA) Act, Nawada, in connection with A.B.P. No. 1426
                   of 2025 arising out of Nemdarganj P.S. Case No. 63 of 2025,
                   stands dismissed as withdrawn.

                                                                      (Satyavrat Verma, J)

Kundan/-

U     T


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