Patna High Court
Bhupendra Singh @ Bhupendra RaiversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The appeal was withdrawn and dismissed.
Summary
The appellant Bhupendra Singh appealed against the acquittal of respondent Dhanushdhari Singh (R-2) in a case registered under IPC sections 363, 366A and later 302. The Sessions Judge had acquitted the accused due to lack of conclusive circumstantial evidence. During the hearing, counsel for the appellant acknowledged that the case was based solely on suspicion arising from phone conversations and that no direct evidence linked the accused to the crime. Recognizing the weak evidential basis, the appellant's counsel sought permission to withdraw the appeal, which was unopposed by the respondent and the State. The High Court allowed the withdrawal and dismissed the appeal.
Issues considered
- Whether an appeal against an acquittal may be withdrawn by the appellant after filing
- Whether the court may permit such withdrawal in the absence of objection from the respondents
Legislation cited
- Indian Penal Code — s. 302, 363, 366A
Subjects
- criminal appeal
- withdrawal of appeal
- acquittal
- circumstantial evidence
- IPC
- section 363
- section 366A
- section 302
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1381 of 2024
Arising Out of PS. Case No.-3 Year-2018 Thana- KORANSARAI District- Buxar
======================================================
Bhupendra Singh @ Bhupendra Rai S/o- Mahendra Singh @ Mahendra Rai
Village- Mathila Ps-Koransarai Dist-Buxar
... ... Appellant/s
Versus
1. The State of Bihar
2. Dhanushdhari Singh @ Bittu Singh S/o- Onkar Nath Singh Village- Mathila
PS-Koransarai Dist-Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ranjay Kumar Singh, Advocate
Mr. Fardeen Abdul, Advocate
For the State : Mr.Binod Bihari Singh, Advocate
For the R-2 : Mr. Dhananjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
10 17-04-2026 Heard learned counsel for the appellant, the
respondent no.2 and learned Additional Public Prosecutor for
the State.
2. The present appeal has been preferred for setting
aside the judgment of acquittal dated 09.04.2024 passed by the
learned Sessions Judge, Buxar in Sessions Trial No.111/2019
arising out of Koransarai P.S. Case No.03/2018 dated
09.01.2018 registered under Sections 363 and 366A of the
Indian Penal Code (in short ‘IPC’), 1860. Subsequently Section
302 IPC was also added. The accused-respondent no.2 has been
Patna High Court CR. APP (DB) No.1381 of 2024(10) dt.17-04-2026
2/2
acquitted of all the charges.
3. In course of argument, learned counsel for the
appellant admits that the name of the respondent no.2 was
involved in this case on the basis of suspicion because the
victim was having a regular talk with the accused-respondent
no.2 over mobile phones. It is also admitted that nobody has
seen the victim in the company of the respondent no.2. As the
hearing proceeded, learned counsel for the appellant having
sensed that the case is based on the circumstantial evidence and
the chain of circumstances is not getting completed, sought
permission to withdraw the appeal.
4. Learned counsel for the respondent no.2 and
learned Additional Public Prosecutor for the State have no
objection to the same.
5. In the circumstances, we permit learned counsel for
the appellant to withdraw the appeal. It is dismissed accordingly.
(Rajeev Ranjan Prasad, J)
( Soni Shrivastava, J)
arvind/-
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