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Patna High Court

Vijay Kumar @ Vijay RaiversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

Permission to withdraw the appeals was granted, and the trial court must consider the bail application on its own merits without prejudice.

Summary

The appellants, Ajay Kumar Rai and Anup Kumar Rai (along with co‑appellant Vijay Kumar), were convicted in a criminal case (PS Case No.252/2019) and filed criminal appeals (SJ No.498/2025 and SJ No.433/2025) before the Patna High Court. They sought the Court’s permission to withdraw their appeals and to surrender to the trial court in order to apply for regular bail. The learned counsel for the appellants argued that withdrawal would not prejudice their right to bail, while the State opposed the request. Justice Satyavrat Verma allowed the withdrawal, directing that the trial court consider the bail application on its merits without any adverse inference from the withdrawal. Consequently, the appellants may surrender and seek regular bail, and the trial court must decide the bail matter independently.

Issues considered

  • Whether the appellants may be permitted to withdraw their criminal appeals and surrender for the purpose of seeking regular bail
  • Whether withdrawal of the appeal would prejudice the trial court’s consideration of the bail application

Subjects

  • withdrawal of appeal
  • regular bail
  • surrender
  • criminal procedure
  • prejudice

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.498 of 2025
                       Arising Out of PS. Case No.-252 Year-2019 Thana- GARKHA District- Saran
                 ======================================================
           1.     Ajay Kumar Rai @ Ajay Rai @ Bhola Rai @ Bhola S/o Late Nageshwar Rai
                  R/o vill - Paharpur, P.s.- Garkha, Distt.- Saran
           2.    Anup Kumar @ Anup Rai @ Antu Rai @ Antu @ Mantu Rai S/o Late
                 Nageshwar Rai R/o vill - Paharpur, P.s.- Garkha, Distt.- Saran

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Ram Naresh Ram S/o Late Dukhan Ram R/o vill - Matkhaua, P.S.- Garkha,
                 Distt.- Saran (Chapra)

                                                           ... ... Respondent/s
                 ======================================================
                                                        with
                                 CRIMINAL APPEAL (SJ) No. 433 of 2025
                       Arising Out of PS. Case No.-252 Year-2019 Thana- GARKHA District- Saran
                 ======================================================
                 Vijay Kumar @ Vijay Rai S/o Late Nageshwar Rai Resident of Vill- Paharpur,
                 P.S - Garkha, Distt.- Saran (Chapra)

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Ram Naresh Ram S/o Late Dukhan Ram R/o vill - Matkhaua, P.S.- Garkha,
                 Distt.- Saran (Chapra)

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL APPEAL (SJ) No. 498 of 2025)
                 For the Appellant/s  :     Mr. Arun Kumar Rai
                 For the Respondent/s :     Mr. Binay Krishna
                 (In CRIMINAL APPEAL (SJ) No. 433 of 2025)
                 For the Appellant/s  :     Mr. Arun Rai
                 For the Respondent/s :     Mr. Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   31-03-2026                 1. Heard the learned counsel for the appellants and the

                   learned Special P.P. Mr. Binay Krishna.

                               2. Learned counsel for the appellants after some
             Patna High Court CR. APP (SJ) No.498 of 2025(3) dt.31-03-2026
                                                          2/2




                       argument seeks permission to withdraw the appeal with liberty

                       to the appellants to surrender and seek regular bail.

                                    3. Permission is accorded.

                                    4. It is made clear that if the appellants surrender and

                       seek regular bail, the learned trial court shall consider the case

                       of the appellants on its own merit without being prejudiced by

                       the fact that appellants before this court withdrew their appeal.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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