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Patna High Court

Uma Yadav @ Umashankar YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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 It granted the request, dismissing the present appeal as withdrawn and permitting the appellant to file a new appeal.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
                 ======================================================
                 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
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                                    6. I.A.No. 01 of 2026 stands disposed of.



                                               (Rajesh Kumar Verma, J)
Nitesh/-
U        T


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