Patna High Court
Arbind kumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SHAILENDRA SINGH
Holding
The court held that an appeal can be withdrawn when the appellant has been acquitted, as the relief sought becomes infructuous.
Summary
Arbind Kumar was charged in PS Case No. 461 of 2022 arising from Belhar, Banka district. He was acquitted of the charges, and his counsel sought permission to withdraw the pending criminal appeal against the State of Bihar and Gulabi Pujar. The court considered whether an appeal could be withdrawn after an acquittal, noting that the relief sought by the appellant had become infructuous. The judge granted the request for withdrawal, holding that the appeal no longer served any purpose. Consequently, the appeal was dismissed as withdrawn.
Issues considered
- Whether an appeal may be withdrawn after the appellant has been acquitted of the charges
Subjects
- withdrawal of appeal
- acquittal
- criminal procedure
- high court
- appeal dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3658 of 2025
Arising Out of PS. Case No.-461 Year-2022 Thana- BELHAR District- Banka
======================================================
Arbind kumar, male, aged about 20 years son of Jitan Pasi, resident of
villlage-Bara, Police Station-Belhar, District-Banka.
... ... Appellant/s
Versus
1. The State of Bihar
2. Gulabi Pujar @ Gulabi Khaira, son of Late Rambal Khaira, resident of
village-Bara, Police Station-Belhar, District-Banka.
... ... Respondents
======================================================
Appearance :
For the Appellant/s : Mr. Md.Najmul Hodda, Adv.
For the Respondent/s : Ms. Ayushi Choudhary, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
5 09-01-2026 Appellant’s counsel Mr. Najmul Hodda, seeks
permission to withdraw this application on the ground that the
appellant has been acquitted of the charges, so, his prayer made
by him in this appeal has become infructuous.
2. Permission as sought above is granted.
3. In the result, the instant criminal appeal stands
dismissed as withdrawn.
(Shailendra Singh, J)
siddharthkr/-
U T
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