Patna High Court

Sundar Kumar YadavversusThe State of Bihar

Decided: 6 May 2026
Disposal: CONVERTED
Bench: KHATIM REZA

Holding

The court held that permission can be granted to convert the criminal miscellaneous application into a criminal appeal under the SC/ST Act.

Summary

Sundar Kumar Yadav filed a criminal miscellaneous application before the Patna High Court seeking to convert it into a criminal appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for bail. The petitioner’s counsel requested permission for this conversion during the hearing. The court examined whether procedural rules permit such a conversion at the interim stage. Relying on the provisions of the SC/ST Act and the inherent powers of the court to regulate its proceedings, the judge found no impediment to granting the request. Consequently, the court granted permission to convert the criminal miscellaneous application into a criminal appeal.

Issues considered

Whether the petitioner may be permitted to convert the criminal miscellaneous application into a criminal appeal under the SC/ST Act (A. bail).

Legislation cited

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Subjects

Criminal Procedure
SC/ST Act
Appeal
Bail
Conversion of application

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.13816 of 2026
                   Arising Out of PS. Case No.-113 Year-2024 Thana- MADHUBANI COMPLAINT CASE
                                                    District- Madhubani
                  ======================================================
                  Sundar Kumar Yadav

                                                                            ... ... Petitioner/s
                                                    Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr. Ram Narayan Mahto, Advocate
                  For the Opposite Party/s :    Mr. Ram Sevak Choudhary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                        ORAL ORDER

3    06-05-2026                    Learned counsel for the petitioner seeks permission

                    to convert the instant Cr. Misc. application into Cr. Appeal

                    (SC/ST Act (A.bail)) in course of the day. Permission is granted.



                                               (Khatim Reza, J)
sankalp/-

U

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