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Patna High Court

Md. Shamshul Alias Md. Shamul @ Md. Samul @ Md. Shamshul Haqu @ Md. Shamshul HaqueversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn with liberty to surrender and seek regular bail.

Summary

The appeal (Criminal Appeal (SJ) No.3366 of 2025) arose from a 2019 police case involving several accused persons from Begusarai district, with the State of Bihar and Kailash Paswan as respondents. The appellants sought permission to withdraw the appeal and were granted liberty to surrender and apply for regular bail. The court considered whether such withdrawal with liberty was permissible under procedural law. After hearing arguments, the judge granted the request. Consequently, the appeal was dismissed as withdrawn, allowing the appellants to surrender and seek bail.

Issues considered

  • Whether the appellants may withdraw the criminal appeal with liberty to surrender and obtain regular bail

Subjects

  • criminal appeal
  • withdrawal of appeal
  • bail
  • procedural law
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3366 of 2025
                        Arising Out of PS. Case No.-50 Year-2019 Thana- SC/ST District- Begusarai
                 ======================================================
           1.     Md. Shamshul Alias Md. Shamul @ Md. Samul @ Md. Shamshul Haqu @
                  Md. Shamshul Haque S/o- Md. Rashid Alam @ Md. Reyasat Ali @ Md. Ali
                  Village- Ejni Aijni PS-Khodawandpur District- Begusarai
           2.    Md. Bachcha Babu @ Md. Bachha Babu S/o- Md. Tayyab Village- Ejni
                 Aijni PS-Khodawandpur District- Begusarai
           3.    Sonu Alam @ Sonobar @ Md. Sonobar S/o- Md. Ali Village- Ejni Aijni PS-
                 Khodawandpur District- Begusarai
           4.    Saddam Alam @ Md. SAddam Alam @ Md. Saddam Hussain S/o- Late Md.
                 Ali Village- Ejni Aijni PS-Khodawandpur District- Begusarai
           5.    Mahfooza Khatoon@ Mafrooza W/o- Fatah Alam @ Md. Fatah Alam
                 Village- Ejni Aijni PS-Khodawandpur District- Begusarai
           6.    Md. Kamrul S/o- Md. Manir @ Md. Munir @ Manir @ Md. Maniruddin
                 Village- Ejni Aijni PS-Khodawandpur District- Begusarai
           7.    Md. Ijrail S/o- Md. Nooruddin Village- Ejni Aijni PS-Khodawandpur
                 District- Begusarai


                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Kailash Paswan S/o- Chhotelal Paswan Village- Ejni Aijni PS-
                 Khodawandpur District- Begusarai


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :

                 For the Appellant/s      :        Mr.Sandip Kumar Gautam

                 For the Respondent/s     :        Mr.Sadanand Paswan

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   16-04-2026                  1. After some argument, learned counsel for the

                   appellants seeks permission to withdraw this appeal with liberty

                   to surrender and seek regular bail.

                                2. Permission is granted.
               Patna High Court CR. APP (SJ) No.3366 of 2025(5) dt.16-04-2026
                                                            2/2




                                      3. The appeal is dismissed as withdrawn with the

                         aforesaid liberty.



                                                   (Anil Kumar Sinha, J)
praful/-

U          T


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