Patna High Court

Aklu MahtoversusThe State of Bihar

Decided: 8 April 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The court permitted the appellant to withdraw the appeal and dismissed it as withdrawn.

Summary

The appellant, Aklu Mahto, filed a criminal appeal (SJ) No.279 of 2026 before the Patna High Court arising from a 2025 case in Sitamarhi. The appellant sought the court's permission to withdraw the appeal, requesting liberty to approach the appropriate forum after the charges were framed. Counsel for the appellant, Mr. Ashok Kumar Jha, argued for withdrawal, while the State was represented by Mr. Binay Krishna. The bench, after hearing the submissions, granted the request to withdraw the appeal. Consequently, the court dismissed the appeal as withdrawn, allowing the appellant to pursue the matter elsewhere.

Issues considered

Whether the appellant may be permitted to withdraw the criminal appeal
Whether the appeal should be dismissed as withdrawn upon such permission

Subjects

appeal withdrawal
criminal procedure
high court
dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.279 of 2026
                     Arising Out of PS. Case No.-405 Year-2025 Thana- BATHNAHA District- Sitamarhi
                  ======================================================
                  Aklu Mahto Son of Late Neb Mahto @ Mebalal Mahto Resident of Village-
                  Pachgachhiya, P.S.- Bathnaha, Dist- Sitamarhi

                                                                                  ... ... Appellant/s
                                                       Versus
             1.   The State of Bihar
             2.   Reeta Devi Wife of Rajesh Paswan Resident of Village- Harpur Bhalha, ,
                  P.S.- Bathnaha, Dist- Sitamarhi

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr.Ashok Kumar Jha, Advocate
                  For the Respondent/s   :        Mr.Binay Krishna, Spl.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

3    08-04-2026                 Heard Mr.Ashok Kumar Jha, learned counsel for the

                    appellant and Mr.Binay Krishna, learned Spl.PP for the State.

                                2. After some arguments,             learned counsel for the

                    appellant seeks permission to withdraw this appeal with liberty

                    to move before the appropriate forum after framing of the

                    charges.

                                3. Permission is accorded.

                                4. Accordingly, this appeal is dismissed as withdrawn

                    with the aforesaid liberty.



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

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