Dismissed¶24

Shantanu Batabyal @ Shantanu Bataite Biyal v. The State of Bihar

Patna HC12 Aug 2025CR. APP (SJ)/642/2024

Case brief

AI extract

What is this about?

Anticipatory bail appeal; maintainability objection; Section 18 of the SC/ST Act; cognizance taken; withdrawal of appeal permitted; appeal dismissed as withdrawn; liberty to surrender before Court below; regular bail on own merit; consideration without prejudice to observations in order; Patna High Court; Supaul complaint case 2022; Rajesh Kumar Verma, J.

What did the court decide?

Permission to withdraw the appeal; the appeal was dismissed as withdrawn with liberty to the appellants to surrender before the learned Court below and seek regular bail, such application to be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order. ¶24

Shantanu Batabyal @ Shantanu Bataite Biyal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.642 of 2024

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Arising Out of PS. Case No.-4 Year-2022 Thana- COMPLAINT CASE District- Supaul

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======================================================

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Shantanu Batabyal @ Shantanu Bataite Biyal son of Late Nirmlendu Batabyal RESIDENT OF VILLAGE - GANGAJALA KUAR TOLA, WARD NO. 18, PS- SAHARSA, DISTT- SAHARSA

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Sushant Batabyal @ Sushant Bataite Biyal Son of Late Nirmlendu Batabyal RESIDENT OF VILLAGE - GANGAJALA KUAR TOLA, WARD NO. 18, PS- SAHARSA, DISTT- SAHARSA

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... ... Appellant/s

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Versus

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The State of Bihar

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Kamlash Paswan Son of late Chalitar Paswan Village- chain sinh Patti, psSupaul, Dist- Supaul Bihar

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... ... Respondent/s

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Appearance :

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For the Appellant/s : Mr. Kumar Harshvardhan, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl.PP

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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5 12-08-2025

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Heard Mr. Kumar Harshvardhan, learned counsel

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for the appellants and Mrs. Usha Kumari 1, learned Spl.PP for the State.

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Learned Spl.P.P. for the State has taken a preliminary objection with regard to maintainability of the present appeal on the ground that the learned court had taken cognizance in the present case and in view of the provisions under Section 18 of the SC/ST Act, the present anticipatory bail is not maintainable.

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Learned counsel for the appellants seeks

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Patna High Court CR. APP (SJ) No.642 of 2024(5) dt.12-08-2025 2/2

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permission to withdraw this appeal with a liberty to the appellants to surrender before the learned Court below within a period of two weeks from today and seek regular bail.

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Permission is accorded.

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The appeal is dismissed as withdrawn with the

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liberty that the appellants surrender and seek regular bail before the learned Court below, the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

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(Rajesh Kumar Verma, J)

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Suruchi/-

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U T

Shantanu Batabyal @ Shantanu Bataite Biyal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shantanu Batabyal @ Shantanu Bataite Biyal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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