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Patna High Court

Chunnu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal is not maintainable and must be converted into a criminal miscellaneous petition for bail.

Summary

The appellant Chunnu Yadav filed a criminal appeal (SJ) No.4532 of 2025 challenging an order of the Special Court under the POCSO Act. The appellant's counsel sought to convert the appeal into a criminal miscellaneous proceeding, citing a prior decision (Cr. Misc. No.52792 of 2019) that bail orders from such special courts are not appealable under Section 14‑A(2) of the SC/ST Act. The High Court held that the appeal could not be entertained under criminal jurisdiction and that only a bail application under Section 439 of the Cr.P.C. (or Section 483 of the B.N.S.S.) is maintainable. Consequently, the Court directed the appellant to convert the appeal into a criminal miscellaneous petition. The order effectively dismissed the appeal in its present form.

Issues considered

  • Whether the appeal filed under criminal jurisdiction is maintainable against a bail order of the Special Court under the POCSO Act.
  • Whether such bail orders are appealable under Section 14‑A(2) of the SC/ST Act.
  • Which forum is appropriate for seeking bail – a criminal appeal or a criminal miscellaneous petition.

Legislation cited

Subjects

  • bail
  • appeal conversion
  • criminal miscellaneous
  • POCSO Act
  • SC/ST Act
  • Section 14-A
  • Section 439 CrPC

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4532 of 2025
                       Arising Out of PS. Case No.-287 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Chunnu Yadav son of Kashi Ray @ Kashinath Ray Village -Balua
                 Narayanpur PS -Taraya Dist -Saran

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    XXX Wife of Brijesh Kumar Ram Resident of Village- Bagahi Ps- Amnaur,
                 Dist- Saran at Chapra

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Rajeev Kumar, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-01-2026                 Office has reported that this appeal may perhaps be

                   filed in Criminal Jurisdiction.

                               2. Learned counsel for the petitioner has submitted

                   that he is ready to convert the same into Criminal

                   Miscellaneous. In this regard, reference has been made to the

                   order of the learned co-ordinate Bench passed in Cr. Misc. No.

                   52792 of 2019 wherein the learned co-ordinate Bench has held

                   that where an order granting or refusing bail to an accused being

                   passed by the Special Court constituted under the POCSO Act in

                   connection with a case involving offences under both Acts i.e.

                   POCSO Act and SC/ST Act, the same will not be appealable

                   under Section 14-A(2) of SC/ST Act. In such circumstances, the
            Patna High Court CR. APP (SJ) No.4532 of 2025(3) dt.19-01-2026
                                                         2/2




                      application for bail in terms of Section 439 of the Cr.P.C./ 483

                      of B.N.S.S. would alone be maintainable before the Hon’ble

                      High Court.

                                   3. As Such, learned counsel for the appellant is

                      directed to convert the Appeal into Criminal Miscellaneous.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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