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Patna High Court

MANISH KUMAR @ MANISH RAY @ MANISH KUMAR RAYversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn upon granting permission to withdraw it.

Summary

The appellants – six individuals named Manish Kumar, Ramesh Ray, Munna Kumar, Pintu Kumar, Rohit Ray and Sipahi Ray – filed Criminal Appeal (SJ) No.3385 of 2025 before the Patna High Court arising from Police Station Janta Bazar case No.120 of 2025. While the appeal was pending, all the appellants were arrested. Their counsel, Mr. Krishna Kumar Yadav, applied for permission to withdraw the appeal on the ground of the arrests. The Court examined whether an appeal could be withdrawn after the appellants’ arrest and whether such withdrawal warranted dismissal of the appeal. The Court granted the permission sought and ordered the appeal to be dismissed as withdrawn. Consequently, the appeal stands terminated without any substantive merits being decided.

Issues considered

  • Whether permission can be granted to withdraw a criminal appeal after the appellants have been arrested during its pendency
  • Whether the appeal should be dismissed as withdrawn upon such permission

Subjects

  • criminal appeal
  • withdrawal of appeal
  • procedural law
  • arrest
  • high court
  • appeal dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3385 of 2025
                     Arising Out of PS. Case No.-120 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
           1.     MANISH KUMAR @ MANISH RAY @ MANISH KUMAR RAY S/o
                  Chandrika Ray R/o vill - Lauwa Khurd, P.s. - Janata Bazar, Distt.- Saran at
                  Chapra
           2.    RAMESH RAY S/o Chandrika Ray R/o vill - Lauwa Khurd, P.s. - Janata
                 Bazar, Distt.- Saran at Chapra
           3.    MUNNA KUMAR @ MUNNA KUMAR RAY S/o Manish kumar @
                 Manish Ray R/o vill - Lauwa Khurd, P.s. - Janata Bazar, Distt.- Saran at
                 Chapra
           4.    PINTU KUMAR RAY S/o Vishwanath Ray R/o vill - Lauwa Khurd, P.s. -
                 Janata Bazar, Distt.- Saran at Chapra
           5.    ROHIT RAY S/o Gauna Lal Ray @ Genalal Ray R/o vill - Lauwa Khurd,
                 P.s. - Janata Bazar, Distt.- Saran at Chapra
           6.    SIPAHI RAY S/o Shatrudhan Ray R/o vill - Lauwa Khurd, P.s. - Janata
                 Bazar, Distt.- Saran at Chapra

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    DHIRAJ KUMAR S/o Kashinath Ram R/o vill - Lauwa Khurd, P.s. - Janata
                 Bazar, Distt.- Saran at Chapra

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Krishna Kumar Yadav
                 For the Respondent/s    :        Mr.Sadanand Paswan, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   29-01-2026              1.     Heard learned counsel for the appellants and

                   learned Spl. PP, Sri Sadanand Paswan.

                            2.     Learned       counsel      for    the     appellants      seeks

                   permission to withdraw the appeal, as appellants were arrested

                   during pendency of the instant appeal.

                            3.     Permission is accorded.
              Patna High Court CR. APP (SJ) No.3385 of 2025(4) dt.29-01-2026
                                                           2/2




                                  4.    Accordingly, the appeal is dismissed as withdrawn.



                                                   (Satyavrat Verma, J)
Sumit/-

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