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Patna High Court

Ramesh MahtoversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal was dismissed as withdrawn.

Summary

The appellant, Ramesh Mahto, was convicted in a criminal trial arising from PS case No.267 of 2024. After the conviction, his counsel filed an application seeking the court's permission to withdraw the appeal. The court considered whether an appeal could be withdrawn after a conviction had been recorded. No substantive legal arguments or evidence were presented, as the application was purely procedural. The court granted the request, holding that the appeal stood dismissed as withdrawn because the application had become infructuous.

Issues considered

  • The appeal can be withdrawn after a conviction has been recorded

Subjects

  • appeal withdrawal
  • criminal conviction
  • procedural law
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.2980 of 2025
                      Arising Out of PS. Case No.-267 Year-2024 Thana- SAKRA District- Muzaffarpur
                  ======================================================
                  Ramesh Mahto S/O Suresh Mahto R/O Vill. and P.O.- Mirapur, P.S.- Sakra,
                  Dist.- Muzaffarpur.
                                                                       ... ... Appellant/s
                                                Versus

            1.    The State of Bihar
            2.     Maheshwari Devi W/O Shivji Ram R/O Vill.- Jurawanpatii, P.O.- Pilkhi
                   Gajpati, P.S.- Sakra, Dist.- Muzaffarpur.
                                                                   ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Ms.Bela Singh, Advocate
                  For the Respondent/s    :        Mr.Sadanand Paswan, Special P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER

5    29-01-2026                    Learned counsel for the Appellant seeks permission

                    of this Court to withdraw the present Appeal as the trial has

                    been concluded and appellant has been convicted.

                                   2. Prayer is accorded.

                                   3.    Accordingly,        the     present     Appeal       stands

                    dismissed as withdrawn as the present application has become

                    infructuous.



                                         (Rudra Prakash Mishra, J)
manish/-

U      T


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