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Patna High Court

Brajesh Kumar Mandal @ Brajesh Kumar @ Brajesh Mandal @ MandalversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn.

Summary

The appellants, Brajesh Kumar Mandal and Kundan Kumar Mandal, filed Criminal Appeal No.1907 of 2025 against the State of Bihar and Mahendra Rajak. During the pendency of the appeal the appellants surrendered before the court. They then applied for permission to withdraw the appeal. The High Court, after hearing counsel for both sides, granted the request to withdraw. Accordingly, the memorandum of appeal was dismissed as withdrawn.

Issues considered

  • Whether the court may permit withdrawal of a criminal appeal after the appellant has surrendered

Subjects

  • Criminal Appeal
  • Withdrawal of Appeal
  • Surrender
  • Procedural Law
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1907 of 2025
                         Arising Out of PS. Case No.-35 Year-2024 Thana- SC/ST District- Araria
                 ======================================================
           1.     Brajesh Kumar Mandal @ Brajesh Kumar @ Brajesh Mandal @ Mandal
                  S/O Sadanand Mandal R/O Village- Kumhara Mirjapur, P.S- Bausi, Distt.-
                  Araria.
           2.    Kundan Kumar Mandal @ Kundan Kumar @ Mandal S/O Sadanand Mandal
                 R/O Village- Kumhara Mirjapur, P.S- Bausi, Distt.- Araria.
                                                                            ... ... Appellant/s
                                                  Versus
           1.    The State of Bihar
           2.     Mahendra Rajak S/O Late Munni Bhaitha R/O Village- Nandanpur, P.S-
                  Bausi, Distt.- Araria.
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Gopal Kumar Jha, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari No. 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   04-02-2026                 1. Heard learned counsel for the appellants and
                   learned Special Public Prosecutor for the State.
                               2. Learned counsel for the appellants submits that
                   appellants have surrendered during pendency of the instant
                   memorandum of appeal, thus, seeks permission to withdraw the
                   same.
                               3. Permission is accorded.
                               4. Accordingly, the instant memorandum of appeal is
                   dismissed as withdrawn.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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