Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
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The appeal is dismissed as withdrawn.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 The Hon’ble Justice Satyavrat Verma granted the permission, holding that the appeal could be withdrawn. Consequently, the appeal was dismissed as withdrawn.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- Whether an appeal filed under Section 14‑A(2) of the SC/ST (POA) Act may be withdrawn after the appellant surrenders before the trial court.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
Checking your session…