Patna High Court
Atul Kumar Thakur @ Atul ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted permission to withdraw the appeal and dismissed it as withdrawn, with liberty to raise issues at charge framing.
Summary
The appellant, Atul Kumar Thakur, filed Criminal Appeal No.260 of 2026 challenging a decision of the lower court. During the hearing on 23-04-2026, counsel for the appellant sought the court's permission to withdraw the appeal, requesting liberty to raise all issues later at the stage of framing of charges. The learned judge considered the request and found no impediment to allowing the withdrawal. Consequently, the court granted permission to withdraw the appeal with liberty to raise issues at the charge‑framing stage. The appeal was therefore dismissed as withdrawn.
Issues considered
- Whether the appellant may be permitted to withdraw the criminal appeal at this stage
- Whether the appellant may be granted liberty to raise all issues at the time of framing of charges
Subjects
- appeal withdrawal
- criminal procedure
- permission to withdraw
- framing of charges
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.260 of 2026
Arising Out of PS. Case No.-53 Year-2023 Thana- SC/ST District- Vaishali
======================================================
Atul Kumar Thakur @ Atul Thakur S/o- Late Dhirendra Kumar Thakur @
Virendra Thakur @ Birendra Thakur R/v- Ward no- 12 Rampur Baghail PS-
Desri Dist- Vaishali Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajendra Manjhi S/o- Ujagar Manjhi R/v- Alampur Manjhi Tola Ps- Sehdehi
Bujurg Dist- Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anil Kumar
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 23-04-2026 After some arguments, learned counsel for the
appellant seeks permission to withdraw the present appeal with
liberty to raise all the issues at the time of framing of charges.
Permission is granted.
Accordingly, the present appeal is dismissed as
withdrawn with the aforesaid liberty.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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