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Patna High Court

Krishan Kumar Thakur @ Krishna Kumar ThakurversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court granted permission to withdraw the appeal and dismissed it as withdrawn, allowing the appellant to file a fresh application before the appropriate forum.

Summary

Krishan Kumar Thakur appealed against a criminal conviction before the Patna High Court (Criminal Appeal No. 282 of 2026). During the hearing, the appellant's counsel, Mr. Ravi Prakash, sought the court's permission to withdraw the present appeal and to file a fresh application before the appropriate forum. The court considered whether such a withdrawal was permissible under procedural law. It held that the appellant could be allowed to withdraw the appeal, provided the court granted leave. Consequently, the court granted permission, dismissed the present appeal as withdrawn, and gave the appellant liberty to file a fresh application in the suitable forum.

Issues considered

  • Whether the appellant may be permitted to withdraw the pending criminal appeal and file a fresh application before the appropriate forum

Subjects

  • appeal withdrawal
  • criminal procedure
  • fresh application
  • court permission

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.282 of 2026
                      Arising Out of PS. Case No.-55 Year-2024 Thana- KHAJAULI District- Madhubani
                  ======================================================
                  Krishan Kumar Thakur @ Krishna Kumar Thakur S/o- Birendra Kumar
                  Thakur R/o village - Baira , P.s.- Jaynagar , District - Madhubani

                                                                                   ... ... Appellant/s
                                                        Versus
             1.   The State of Bihar
             2.   Motilal Safi S/o- Sri Fakir Safi R/v- Chatra Gobroura North Ps- Khajauli
                  Dist- Dist- Madhubani

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr. Ravi Prakash, Advocate
                  For the Respondent/s    :        Mr. Binay Krishna, SPP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER

3    10-04-2026                     After some arguments, learned counsel for the

                    appellant seeks permission to withdraw the present appeal and

                    file fresh application before the appropriate forum.

                                2. Permission is accorded.

                                3. Accordingly, the present appeal is dismissed as

                    withdrawn with liberty to file fresh application before the

                    appropriate forum.



                                                                 (Rudra Prakash Mishra, J)
Rajorshi/-

U


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