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Patna High Court

HIRA YADAVversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal was dismissed as withdrawn after the court granted permission to withdraw.

Summary

Hira Yadav appealed against the State of Bihar and Pyari Kunwer in a criminal matter arising from PS Durgawati. During the pendency of the appeal, the appellant was arrested. The appellant's counsel sought the court's permission to withdraw the appeal on the ground of the arrest. The High Court, after hearing counsel for both parties, granted permission to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn.

Issues considered

  • Whether an appeal can be withdrawn after the appellant's arrest during its pendency
  • Whether the court's permission is required to withdraw a criminal appeal

Subjects

  • appeal withdrawal
  • criminal procedure
  • arrest
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.4330 of 2025
                  Arising Out of PS. Case No.-308 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
                  ======================================================
                  HIRA YADAV S/o- Gupteshear Yadav R/v- Awahariya Ps- Durgawati Dist-
                  kaimur at Bhabua

                                                                                   ... ... Appellant/s
                                                        Versus
             1.   The State of Bihar
             2.   Pyari Kunwer W/o- Late Guput Dhobi R/v- Awadhariya Po- Pipariya Ps-
                  Durgawati Dist- kaimur

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr. Tribhuwan Narayan
                  For the Respondent/s    :        Ms. Usha Kumari 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    12-01-2026                  1. Heard learned counsel for the appellant, learned

                    Special P.P. Ms. Usha Kumari No.1 and the learned counsel

                    appearing on behalf of the informant.

                                 2. Learned counsel for the appellant seeks permission

                    to withdraw the appeal as the appellant was arrested during

                    pendency of the appeal.

                                 3. Permission is accorded.

                                 4. The appeal is dismissed as withdrawn.



                                              (Satyavrat Verma, J)
amit/-

U        T


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