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Patna High Court

DHANANJAY KUMARversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is disposed of as withdrawn, with liberty to move the court after cognizance of the offence is taken.

Summary

The appellant, Dhananjay Kumar, appealed to the Patna High Court seeking anticipatory bail in a case registered under sections 126, 115(2), 352 and 351 of the Bharatiya Nyaya Sanhita, 2023 and sections 3(1)(r)(s)/3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The counsel argued that although a charge‑sheet had been filed, the court had not yet taken cognizance of the offence under the SC/ST Act, raising a question of the application’s maintainability. After hearing, the appellant’s counsel requested permission to withdraw the appeal and re‑file after cognizance is taken. The bench allowed the withdrawal, disposing of the appeal with liberty to approach the court later once cognizance is recorded.

Issues considered

  • Whether an anticipatory bail application is maintainable when cognizance of the offence under the SC/ST (Prevention of Atrocities) Act has not been taken
  • Whether the appellant may withdraw the appeal and re‑file after cognizance is taken

Legislation cited

Subjects

  • anticipatory bail
  • cognizance
  • withdrawal of appeal
  • SC/ST Act
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4479 of 2025
                       Arising Out of PS. Case No.-4 Year-2025 Thana- SC/ST District- Sheikhpura
                 ======================================================
                 DHANANJAY KUMAR S/O Janardan Singh @ Janardan Prasad Singh
                 Resident of Village- Sahur, Post- Sahur, Police Station- Suryagarha, District-
                 Lakhisarai, Present Address In Charge Headmaster, Urkramit Middle School
                 (Vidyapur), Varuna Block- Ariyari, District- Sheikhpura

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Pramod Kumar Paswan S/O Rambali Paswan R/O Vill.- Rohua, P.S.-
                 Pakaribarawan, Dist.- Nawada, Presently Working as Assistant Teacher,
                 Utkramit Middle School, Varuna, Block Ariyari, District- Sheikhpura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Nilendu Kumar Choudhary, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, APP
                 For the Informant       :        Mr. Shankar Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   23-02-2026                   Heard learned counsel for the parties.

                               2. The instant appeal has been preferred praying for

                   grant of anticipatory bail to the appellant in connection with

                   Sheikhpura SC/ST P.S. Case no.4 of 2025 registered for the

                   offence punishable under sections 126, 115(2), 352 and 351 of

                   the Bharatiya Nyaya Sanhita, 2023 and sections 3(1)(r)(s)/3(2)

                   (va) of the Schedule Caste and Schedule Tribes (Prevention of

                   Atrocities) Act.

                               3. On the question of maintainability of an application

                   for anticipatory bail being raised, learned counsel for the

                   appellant submits that though chargesheet has been submitted,
            Patna High Court CR. APP (SJ) No.4479 of 2025(3) dt.23-02-2026
                                                         2/2




                      however, cognizance has not been taken yet for the offence

                      under Schedule Caste and Schedule Tribes (Prevention of

                      Atrocities) Act.

                                       4. After some argument, learned counsel for the

                      appellant seeks permission to withdraw the instant appeal to

                      move this Court by filing an application after the order taking

                      cognizance.

                                      5. The appeal stands disposed of as withdrawn with

                      the aforesaid liberty.



                                                   (Partha Sarthy, J)
Saurabh/-

U      T


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