Sohit Kumar @ Rohit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sohit Kumar @ Rohit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Permission granted for amendment of cause title; appeal ordered to be converted into a Criminal Miscellaneous petition under Section 438 Cr.PC/482 BNSS upon appropriate steps by the appellants within one month, to be listed before the appropriate Bench with the Chief Justice's permission; interim protection to continue till conversion.

Issue for consideration

Whether the Criminal Appeal (SJ), filed against rejection of the appellants' anticipatory bail, should be permitted to be converted into a Criminal Miscellaneous petition under Section 438 Cr.PC/482 BNSS, it having been inadvertently instituted as an appeal instead of such a petition.

Court's answer

Permission is granted for the amendment/conversion sought on behalf of the appellants.

Ratio / Principle

Office is directed to convert this appeal into a Criminal Miscellaneous petition under Section 438 Cr.PC/482 BNSS upon appropriate steps taken by the appellants within one month, and to list the petition before the appropriate Bench with permission of the Chief Justice.

Key takeaways

The interim protection of the appellants shall continue till the conversion of this appeal into a Criminal Miscellaneous petition.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Jitendra Kumar, J.), by order dated 23-02-2026 in Criminal Appeal (SJ) No.3684 of 2025, permitted conversion of the appeal — filed against the order dated 01.08.2025 of the District and Additional Sessions Judge-VII-cum-Special Judge (POCSO), Patna, rejecting the appellants' anticipatory bail in PS Case No.240 of 2025, Khusrupur, Patna — into a Criminal Miscellaneous petition under Section 438 Cr.PC/482 BNSS, the appeal having been inadvertently instituted as an appeal although the requisite remedy was such a petition. Office was directed to effect the conversion upon appropriate steps by the appellants within one month and to list the petition before the appropriate Bench with permission of the Chief Justice. The interim protection of the appellants was ordered to continue till conversion.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3684 of 2025

Arising Out of PS. Case No.-240 Year-2025 Thana- KHUSRUPUR District- Patna

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

Sohit Kumar @ Rohit Kumar S/O Late Sanjay Singh @ Late Sanjay Yadav R/O Vill.- Katauna, P.S.- Khusrupur, Dist.- Patna

Golu Kumar S/O Late Sanjay Singh @ Late Sanjay Yadav R/O Vill.Katauna, P.S.- Khusrupur, Dist.- Patna

... ... Appellant/s

Versus

The State of Bihar

Shanti Devi W/O Sanjay Paswan R/O Vill.- Katauna, P.S.- Khusrupur, Dist.Patna

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mrs. Nivedita Nirvikar, Sr. Advocate Mrs. Asmitu Bharti, Advocate For the State : Mrs. Usha Kumari 1, Spl. P.P. For the Resp. No. 2 : Mr. Kameshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

ORAL ORDER

3 23-02-2026

At the outset, learned Sr. Counsel for the appellants is

seeking permission to make necessary amendment in the cause title of the petition, because this appeal i.e. Cr. Appeal (SJ) has been filed against the order dated 01.08.2025, passed by learned District and Additional Sessions Judge-VII-cum-Special Judge, (POCSO), Patna, whereby anticipatory bail petition of the appellants has been rejected.

Learned Sr. Counsel submits that inadvertently this petition has been filed as appeal, whereas the appellants are required to file Criminal Miscellaneous petition under Section

Patna High Court CR. APP (SJ) No.3684 of 2025(3) dt.23-02-2026 2/2

438 Cr.PC/482 BNSS.

Permission is granted.

Hence, office is directed to get this appeal converted into Criminal Miscellaneous petition under Section 438 Cr.PC/482 BNSS upon appropriate steps having been taken by the appellants within one month and list the petition before appropriate Bench with permission of Hon’ble the Chief Justice.

The interim protection of the appellants shall continue till the conversion of this appeal into Criminal Miscellaneous petition.

(Jitendra Kumar, J)

shoaib/-