Patna High Court
Rajesh Pandey @ Bhopali PandeyversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal is dismissed as withdrawn upon the Court's permission to withdraw.
Summary
The appellant, Rajesh Pandey, filed a criminal appeal (SJ) No.1122 of 2026 before the Patna High Court. While the appeal was pending, he was arrested. The appellant's counsel sought the Court's permission to withdraw the appeal on the ground of his arrest. The Court examined whether an appeal could be withdrawn after the appellant's arrest and found no legal impediment. Accordingly, the Court granted permission to withdraw the appeal. The appeal was consequently dismissed as withdrawn.
Issues considered
- Whether an appellant may withdraw a criminal appeal after being arrested during its pendency
- Whether the Court can dismiss an appeal as withdrawn upon such permission
Subjects
- criminal appeal
- withdrawal of appeal
- arrest
- procedural law
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1122 of 2026
Arising Out of PS. Case No.-515 Year-2025 Thana- BARH District- Patna
======================================================
Rajesh Pandey @ Bhopali Pandey S/o- Sri Amrut Pandey Village- Pura PS-
Barh District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Sri Shivam Kumar Paswan S/o- Late Pawan Paswan R/v- Kondi W.No-4,
Po- Kondi Ps- Pandarak Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ranjeet Tiwary
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 29-04-2026 1. Heard learned counsel for the appellant and learned
Special P.P. for the State.
2. The learned counsel for the appellant submits that
appellant was arrested during pendency of the appeal, thus seeks
permission to withdraw the instant appeal.
3. Permission is accorded.
4. Accordingly, instant appeal is dismissed as
withdrawn.
(Satyavrat Verma, J)
vikash/-
U T
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