Patna High Court

Mohasin Ahmad @ Shibu @ Sibu MiyanversusThe State of Bihar

Decided: 21 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The appeal is dismissed as withdrawn.

Summary

The appellants, Mohasin Ahmad and Rinku Miya, filed a criminal appeal (SJ) No.2751 of 2024 before the Patna High Court. While the appeal was pending, both appellants were arrested. They subsequently applied to the Court for permission to withdraw their appeal. The learned Special Public Prosecutor for the State opposed the withdrawal, but the Court, after hearing counsel, granted permission. Consequently, the appeal was dismissed as withdrawn.

Issues considered

Whether a criminal appeal can be withdrawn after the appellants have been arrested during the pendency of the appeal

Subjects

criminal appeal
withdrawal of appeal
arrest
procedural law
dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.2751 of 2024
                       Arising Out of PS. Case No.-174 Year-2024 Thana- GOVINDGANJ District- East
                                                        Champaran
                  ======================================================
            1.     Mohasin Ahmad @ Shibu @ Sibu Miyan S/O Adar Miya @ Md. Adar
                   Hussain @ Adar Miyan R/O Village-Mura,P.S.-Govindganj,Dist-East
                   Champaran
            2.    Rinku Miya @ Javed Akhtar @ Md. Javed Akhtar S/O Adar Miya @ Md.
                  Adar Hussain @ Adar Miyan R/O Village-Mura,P.S.-Govindganj,Dist-East
                  Champaran

                                                                                   ... ... Appellant/s
                                                        Versus
            1.    The State of Bihar
            2.    Vinod Singh S/O Late Jagat Narayan Singh R/O Village-Mura,P.S.-
                  Govindganj,Dist-East Champaran

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr.Md Fazle Karim
                  For the Respondent/s    :        Mr.Binay Krishna
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

4    21-01-2026              1.     Heard learned counsel for the appellants and

                    learned Spl. PP for the State, Sri Binay Krishna.

                             2.     Learned counsel for the appellants submits that

                    appellants, during pendency of the appeal, were arrested thus

                    seeks permission to withdraw the same.

                             3.     Permission is accorded.

                             4.     Accordingly, the appeal is dismissed as withdrawn.



                                              (Satyavrat Verma, J)
Sumit/-
U       T

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