Patna High Court
Uma Yadav @ Umashankar YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that it may allow the withdrawal of an appeal and grant liberty to file a fresh appeal.
Summary
Uma Yadav appealed against the State of Bihar and Binod Chaoudhary in a criminal matter arising from a 2024 FIR. The appellant sought the court's permission to withdraw the pending appeal and obtain liberty to file a fresh appeal. The court considered its inherent jurisdiction to allow withdrawal of an appeal when no prejudice is caused. It granted the request, dismissing the present appeal as withdrawn and permitting the appellant to file a new appeal. The court also directed that certified copies of the impugned order and the FIR be handed over to the appellant's counsel.
Issues considered
- Whether the High Court may permit the withdrawal of an appeal and grant liberty to file a fresh appeal in a criminal case.
Subjects
- withdrawal of appeal
- fresh appeal
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1386 of 2026
Arising Out of PS. Case No.-543 Year-2024 Thana- RAJAOLI District- Nawada
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Uma Yadav @ Umashankar Yadav S/o Late Charitar Yadav R/o vill - Gagan
Buzurg, P.s. - Rajauli, Dist.- Nawada
.. ... Appellant/s
Versus
1. The State of Bihar
2. Binod Chaoudhary S/o Arjun Choudhary R/o vill - Mrhena, P.S.- Rajauli,
Distt.- Nawada .. ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Devendra Prasad Singh, Advocate
For the Respondent/s : Mr.Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 07-05-2026 Heard Mr.Devendra Prasad Singh, learned
counsel appearing for the appellant and Mr.Sadanand
Paswan, learned Spl.P.P for the State.
2. After some arguments, learned counsel for the
appellant seeks permission to withdraw this appeal with
liberty to file a fresh appeal.
3. Permission is accorded.
4. Accordingly, this appeal is dismissed as
withdrawn with the aforesaid liberty.
5. Office is directed to hand over the certified
copy of the impugned order as well the certified copy of the
FIR to the learned counsel for the appellant.
Patna High Court CR. APP (SJ) No.1386 of 2026(3) dt.07-05-2026
2/2
6. I.A.No. 01 of 2026 stands disposed of.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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