Patna High Court
DHANANJAY KUMARversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
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The appeal is disposed of as withdrawn, with liberty to move the court after cognizance of the offence is taken.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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126, 351, 352
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
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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