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Patna High Court

Samsul Rahman @ Md Samsur Rahman AnsariversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal was dismissed as withdrawn upon the appellant's request.

Summary

The appellant, Samsul Rahman, filed a criminal appeal seeking anticipatory bail. During the hearing, the appellant's counsel requested permission to withdraw the appeal, stating that the appellant had already been arrested in the case. The Special Public Prosecutor for the State opposed the withdrawal. The Court considered the request and found no impediment to allowing the withdrawal. Consequently, the Court dismissed the appeal as withdrawn. No substantive merits of the anticipatory bail application were addressed.

Issues considered

  • What is the appropriate procedure when an appellant seeks to withdraw a criminal appeal after being arrested?

Subjects

  • anticipatory bail
  • criminal appeal
  • withdrawal of appeal
  • arrest

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.158 of 2026
                    Arising Out of PS. Case No.-79 Year-2025 Thana- HIRAMMA P.S. District- Sheohar
                 ======================================================
                 Samsul Rahman @ Md Samsur Rahman Ansari son of Atibul Rahman
                 Resident of Village -Hiramma PS -Hiramma Distt- Sheohar
                                                                         ... ... Appellant/s
                                                   Versus
           1.     The State of Bihar
           2.     Sarda Devi Wife of Rajendra Ram Resident of Village -Hiramma PS
                  -Hiramma Distt- Sheohar
                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Deepak Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-03-2026                 1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                               2. Learned counsel for the appellant seeks permission

                   to withdraw this appeal as the sole appellant, namely, Samsul

                   Rahman @ Md Samsur Rahman Ansari has already been

                   arrested in this case.

                               3. Accordingly, this appeal on behalf of the appellant

                   for grant of anticipatory bail is dismissed as withdrawn.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T


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