Patna High Court
Pankaj Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal is dismissed as withdrawn, and the appellant may surrender and seek regular bail without prejudice to the trial court.
Summary
The appellant, Pankaj Kumar Thakur, filed a criminal appeal (SJ) No.3376 of 2025 before the Patna High Court arising from a 2023 complaint case in Bhagalpur. During the hearing on 6 January 2026, the appellant’s counsel sought the Court’s permission to withdraw the appeal and to surrender, requesting that the appellant be allowed to apply for regular bail. The Court examined whether the appeal could be withdrawn and whether surrender and bail could be entertained without prejudice to the trial court. It granted permission to withdraw the appeal, directing that the appeal be dismissed as withdrawn. The Court further clarified that, upon surrender, the trial court must consider the bail application on its merits without being influenced by the withdrawal of the appeal. Consequently, the appeal was dismissed, and the appellant was free to surrender and seek bail before the trial court.
Issues considered
- Whether a criminal appeal can be withdrawn at the stage of hearing
- Whether the appellant may surrender and apply for regular bail after withdrawing the appeal
Subjects
- appeal withdrawal
- regular bail
- surrender
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3376 of 2025
Arising Out of PS. Case No.-601 Year-2023 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
Pankaj Kumar Thakur S/o Late Sanjav Kumar Resident of Village-Balha, P.S.
Bhawanipur. District-Bhagalpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Shobhanath Das @ Shobhnath Das S/o Late Hari Das R/o vill - Gurhatta
Chowk, P.S.- Mojahidpur, Distt.- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sharda Nand Mishra, Adv
For the Respondent/s : Mr. Binay Krishna, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the appellant, Mr. Binay
Krishna, learned Spl. PP for the State and learned counsel for
the informant.
2. Learned counsel for the appellant, after some
arguments, seeks permission to withdraw the appeal with liberty
to the appellant to surrender and seek regular bail.
3. Permission is accorded.
4. Accordingly, the appeal is dismissed as withdrawn.
5. It is made clear that if appellant surrenders and
seeks regular bail in that event the learned Trial Court shall
consider the case on its own merit without being prejudiced by
Patna High Court CR. APP (SJ) No.3376 of 2025(3) dt.06-01-2026
2/2
the fact that the appellant before this Court withdrew his appeal.
(Satyavrat Verma, J)
Jyoti/-
U T
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