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Patna High Court

Sohit Kumar @ Rohit KumarversusThe State of Bihar

Decided
Disposal
CONVERTED

Holding

The court held that the appeal may be converted into a criminal miscellaneous petition under Section 438 Cr.PC/Section 482 BNSS.

Summary

The appellants, Sohit Kumar and Golu Kumar, filed a criminal appeal challenging the rejection of their anticipatory bail petition. They sought permission to amend the cause title and to convert the appeal into a criminal miscellaneous petition under Section 438 of the Criminal Procedure Code and Section 482 of the Bihar Negotiable Instruments Act. The court observed that the appeal had been incorrectly filed and that procedural rules required a criminal miscellaneous petition. Accordingly, the court granted permission to amend the title and directed the conversion of the appeal within one month, with the interim protection to continue until conversion. The petition was to be listed before the appropriate bench with the Chief Justice’s permission.

Issues considered

  • Whether the appellants may be permitted to amend the cause title of the appeal
  • Whether the appeal can be converted into a criminal miscellaneous petition under Section 438 Cr.PC and Section 482 BNSS
  • Whether interim protection should continue pending conversion

Legislation cited

Subjects

  • anticipatory bail
  • criminal miscellaneous petition
  • procedure amendment
  • interim protection
  • Section 438
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3684 of 2025
                      Arising Out of PS. Case No.-240 Year-2025 Thana- KHUSRUPUR District- Patna
                 ======================================================
           1.     Sohit Kumar @ Rohit Kumar S/O Late Sanjay Singh @ Late Sanjay Yadav
                  R/O Vill.- Katauna, P.S.- Khusrupur, Dist.- Patna
           2.    Golu Kumar S/O Late Sanjay Singh @ Late Sanjay Yadav R/O Vill.-
                 Katauna, P.S.- Khusrupur, Dist.- Patna

                                                                                  ... ... Appellant/s
                                                       Versus

           1.    The State of Bihar
           2.    Shanti Devi W/O Sanjay Paswan R/O Vill.- Katauna, P.S.- Khusrupur, Dist.-
                 Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mrs. Nivedita Nirvikar, Sr. Advocate
                                                  Mrs. Asmitu Bharti, Advocate
                 For the State           :        Mrs. Usha Kumari 1, Spl. P.P.
                 For the Resp. No. 2     :        Mr. Kameshwar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   23-02-2026                  At the outset, learned Sr. Counsel for the appellants is

                   seeking permission to make necessary amendment in the cause

                   title of the petition, because this appeal i.e. Cr. Appeal (SJ) has

                   been filed against the order dated 01.08.2025, passed by learned

                   District and Additional Sessions Judge-VII-cum-Special Judge,

                   (POCSO), Patna, whereby anticipatory bail petition of the

                   appellants has been rejected.

                                2. Learned Sr. Counsel submits that inadvertently this

                   petition has been filed as appeal, whereas the appellants are

                   required to file Criminal Miscellaneous petition under Section
               Patna High Court CR. APP (SJ) No.3684 of 2025(3) dt.23-02-2026
                                                            2/2




                         438 Cr.PC/482 BNSS.

                                      3. Permission is granted.

                                      4. Hence, office is directed to get this appeal

                         converted into Criminal Miscellaneous petition under Section

                         438 Cr.PC/482 BNSS upon appropriate steps having been taken

                         by the appellants within one month and list the petition before

                         appropriate Bench with permission of Hon’ble the Chief Justice.

                                      5. The interim protection of the appellants shall

                         continue till the conversion of this appeal into Criminal

                         Miscellaneous petition.



                                                                         (Jitendra Kumar, J)
shoaib/-

U          T


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