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Patna High Court

Pankaj Kumar ThakurversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The appeal is dismissed as withdrawn, and the appellant may surrender and seek regular bail without prejudice to the trial court.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 The Court examined whether the appeal could be withdrawn and whether surrender and bail could be entertained without prejudice to the trial court. It granted permission to withdraw the appeal, directing that the appeal be dismissed as withdrawn.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  • Whether a criminal appeal can be withdrawn at the stage of hearing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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