Patna High Court
Ramlagan Singh @ Ramlagan Yadav @ Jay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The court held that an appeal may be withdrawn unconditionally when the appellant requests it and no party objects.
Summary
The appellant, Ramlagan Singh, filed a criminal appeal (DB) No.436 of 2024 arising from a 2018 case in Aurangabad. During the hearing on 25-03-2026, the appellant's counsel sought unconditional withdrawal of the appeal. The State and the other respondents did not object to this request. The bench, comprising Justice Rajeev Ranjan Prasad and Justice Soni Shrivastava, considered whether the appeal could be withdrawn at this stage. Finding no objection, the court permitted the withdrawal and dismissed the appeal accordingly. The order effectively closed the proceedings without further adjudication on the merits.
Issues considered
- Whether an appeal pending before the High Court can be withdrawn unconditionally upon the appellant's request
Subjects
- withdrawal of appeal
- criminal appeal
- procedural law
- High Court
- unconditional withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.436 of 2024
Arising Out of PS. Case No.-183 Year-2018 Thana- HASPURA District- Aurangabad
======================================================
Ramlagan Singh @ Ramlagan Yadav @ Jay Kumar Son of Late Shivdahin
Singh @ Late Shivdahin Yadav Resident of Village- Chanhat, P.S.- Haspura,
District- Aurangabad.
... ... Appellant/s
Versus
1. The State of Bihar
2. Jangi Yadav S/o Late Girvar Yadav Resident of Village- Hari Bigha, P.S.-
Haspura, District- Aurangabad.
3. Sunil Yadav Son of Jangi Yadav Resident of Village- Hari Bigha, P.S.-
Haspura, District- Aurangabad.
4. Anil Yadav Son ofJangi Yadav Resident of Village- Hari Bigha, P.S.-
Haspura, District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar No.6, Advocate
For the State : Mr. Binor Bihari Singh, APP
For Resp. No.2, 3 &4 : Mr. Aman Vishal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
6 25-03-2026 Heard Mr. Ashok Kumar No.6, learned counsel for
the appellant, Mr. Aman Vishal, learned counsel for the accused-
respondent nos. 2 to 4 and Mr. Binod Bihari Singh, learned
Additional Public Prosecutor for the State.
2. Learned counsel for the appellant submits, on
instruction, that he may be allowed to withdraw the appeal
unconditionally.
3. There is no objection to the prayer.
Patna High Court CR. APP (DB) No.436 of 2024(6) dt.25-03-2026
2/2
4. We permit learned counsel for the appellant to
withdraw the appeal.
5. It is dismissed accordingly.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
Harsh/-
U T
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