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Patna High Court

Ratan KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The High Court may grant permission to withdraw a criminal appeal, and therefore dismissed the appeal as withdrawn.

Summary

The appellants Ratan Kumar, Pawan Kumar and Samedhari Ray filed Criminal Appeal No. 3943 of 2025 before the Patna High Court challenging a conviction by the Nadi Police Station Court. During the pendency of the appeal the appellants were arrested, and they subsequently moved the Court seeking permission to withdraw the appeal. The learned counsel for the appellants argued that the arrest rendered the continuation of the appeal unnecessary. The Court examined whether it could entertain a request to withdraw an appeal after the appellants’ arrest. Finding no legal impediment, the Court granted permission to withdraw and ordered the appeal to be dismissed as withdrawn.

Issues considered

  • Whether the High Court may permit the withdrawal of a criminal appeal after the appellants have been arrested during its pendency

Subjects

  • Criminal Appeal
  • Withdrawal of Appeal
  • Procedural Law
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3943 of 2025
                        Arising Out of PS. Case No.-199 Year-2025 Thana- NADI P.S. District- Patna
                  ======================================================
            1.     Ratan Kumar S/O Samedhari Ray @ Namdhari Ray @ Nemdhari Ray R/O
                   Village- Jethuli, P.S. Nadi, District- Patna
            2.    Pawan Kumar S/O Samedhari Ray @ Namdhari Ray @ Nemdhari Ray R/O
                  Village- Jethuli, P.S. Nadi, District- Patna
            3.    Samedhari Ray @ Namdhari Ray @ Nemdhari Ray S/O Late Hurdungi Ray
                  R/O Village- Jethuli, P.S. Nadi, District- Patna

                                                                                     ... ... Appellant/s
                                                         Versus
            1.    The State of Bihar Patna
            2.    Khushboo Devi W/O Rajiv Kumar Das R/O Village- Jethuli, P.S. Nadi,
                  District- Patna

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Ms.Soni Kumari, Adv
                  For the Respondent/s    :        Ms.Usha Kumari 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    12-03-2026              1.    Heard learned counsel for the appellants and

                    learned Spl.PP, Ms. Usha Kumari No. 1.

                             2.    Learned        counsel       for     the     appellants       seeks

                    permission to withdraw the appeal, as appellants during

                    pendency of the instant appeal were arrested

                             3.    Permission is accorded.

                             4.    Accordingly, the appeal is dismissed as withdrawn.



                                              (Satyavrat Verma, J)
Sumit/-
U       T


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