Patna High Court

Kunal KumarversusThe State of Bihar

Decided: 24 March 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The Court held that the appellant may withdraw the appeal and surrender, and the District Court shall consider the bail application on its own merits without prejudice.

Summary

The appellant, Kunal Kumar, filed a criminal appeal before the Patna High Court challenging his conviction. During the hearing, the appellant’s counsel sought permission to withdraw the appeal and to surrender, requesting that the appellant be allowed to apply for regular bail. The Court considered whether such withdrawal could be permitted without prejudice to the appellant’s future bail application. The Court granted the request, allowing the appeal to be withdrawn and directing that the appellant may surrender and seek bail. It further clarified that the District Court, on hearing the bail application, must decide on its merits without being influenced by the fact that the appeal was withdrawn.

Issues considered

Whether the appellant may be permitted to withdraw the criminal appeal and surrender for regular bail.
Whether withdrawal of the appeal would prejudice the appellant’s subsequent bail application before the District Court.

Subjects

withdrawal of appeal
regular bail
surrender
criminal procedure
prejudice
district court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.321 of 2026
                    Arising Out of PS. Case No.-1139 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Kunal Kumar S/O Late Arjun Yadav R/O Village- Salempur Nouranga, P.S.-
                 Muffasil, District- Gaya

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Kavita Chaudhary W/O Prashant Kumar R/O Village- Pinjora, P.S.- Kako,
                 District- Jehanabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Rakesh Singh
                 For the Respondent/s    :       Mr.Sadanand Paswan-Spl.P.P.
                                                 Mr.Bindhyachal Rai
                                                 Mr.Chandan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   24-03-2026                 1. Heard learned counsel for the appellant, learned

                   Special P.P. for the State and the learned counsel appearing on

                   behalf of the informant.

                               2. The learned counsel for the appellant seeks

                   permission to withdraw the present appeal with liberty to the

                   appellant to surrender and seek regular bail.

                               3. Permission is accorded.

                               4. Accordingly, instant appeal is dismissed as

                   withdrawn with the liberty aforesaid.

                               5. It is made clear that if appellant surrenders and

                   seeks regular bail, in that event, the learned District Court shall

                   consider the case on its own merit without being prejudiced by
               Patna High Court CR. APP (SJ) No.321 of 2026(3) dt.24-03-2026
                                                            2/2




                         the fact that appellant before this Court withdrew his appeal.



                                                    (Satyavrat Verma, J)
vikash/-

U          T

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