Patna High Court

Amit Kumar @ Gobardhan MahtoversusThe State Of Bihar

Decided: 8 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court may grant permission to withdraw a criminal appeal upon the appellant’s request, even after surrender.

Summary

The appellants, Amit Kumar and Ajit Kumar, were charged in a criminal case (PS Case No.207/2025) and filed an appeal (Criminal Appeal (SJ) No.395 of 2026). During the pendency of the appeal, the appellants surrendered and sought the court’s permission to withdraw the appeal. The learned counsel for the appellants applied for such permission, and the State’s counsel was also heard. The Hon’ble Justice Satyavrat Verma considered whether the court could allow the withdrawal of an appeal after the appellants’ surrender. Finding no legal impediment, the court granted permission to withdraw the appeal. Consequently, the appeal stands withdrawn and the proceedings against the appellants are concluded as per the surrender.

Issues considered

Whether the court may permit withdrawal of a criminal appeal after the appellant has surrendered

Subjects

withdrawal of appeal
criminal procedure
surrender
permission to withdraw
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.395 of 2026
                        Arising Out of PS. Case No.-207 Year-2025 Thana- AMNAUR District- Saran
                  ======================================================
            1.     Amit Kumar @ Gobardhan Mahto s/o Govardhan Mahto R/o Village
                   Rahimpur, P.S. Amnour, District Saran
            2.    Ajit Kumar S/o Ramkeshwar Mahto @ Rameshwar Mahto R/o Village
                  Rahimpur, P.S. Amnour, District Saran

                                                                                   ... ... Appellants
                                                       Versus
            1.    The State of Bihar Patna
            2.    Arjun Basfor S/o Sitaram Basfor R/o Village Rahimpur, P.S. Amnour,
                  District Saran

                                                            ... ... Respondents
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr. Harsh Singh, Advocate
                  For the Respondent/s   :        Mr. Binay Krishna, Spl.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    08-04-2026                   Heard learned counsel for the appellants and learned

                    Spl.P.P. for the State.

                                2. Learned counsel for the appellants seeks permission

                    to withdraw the appeal as appellants surrendered during

                    pendency of the instant application.

                                3. Permission is accorded.



                                             (Satyavrat Verma, J)
Gaurav Sinha/-

U      T

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