Patna High Court
Sandesh Mahto Alias Sandesh KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the withdrawal of the appeal and dismissed it as withdrawn.
Summary
The appellants, including Sandesh Mahto and others, filed a criminal appeal (SJ) No.4352 of 2025 before the Patna High Court against the State of Bihar and Rinku Devi. During the hearing on 19-03-2026, the appellant's counsel sought permission to withdraw the appeal and obtain liberty to file a criminal miscellaneous application, citing defects pointed out by the court. The court granted the permission, directing that the appeal be dismissed as withdrawn. Consequently, the appeal was dismissed and the court ordered the return of all annexed documents except the vakalatnama to the appellant's counsel. No substantive merits of the case were addressed as the matter was procedural.
Issues considered
- Whether the appellant may be permitted to withdraw the appeal and be granted liberty to file a criminal miscellaneous application?
Subjects
- withdrawal of appeal
- criminal procedure
- miscellaneous application
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4352 of 2025
Arising Out of PS. Case No.-352 Year-2024 Thana- DARIYAPUR District- Saran
======================================================
1. Sandesh Mahto Alias Sandesh Kumar Muneshwar Mahto Village Bela
Mohammadpur P.S Dariyapur District Saran at Chapra
2. Suganti Devi Wife Of Sandesh Mahto. Resident Of Village Bela
Mohammadpur, P.S. -Dariyapur, District Saran At Chapra (Bihar).
3. Kumar Shree Raj @ Siraj Mahto @ Shree Raj Son Of Dhaneshwar Mahto.
Resident Of Village Bela Mohammadpur, P.S. -Dariyapur, District Saran At
Chapra (Bihar).
4. Mantu Kumar @ Mantu Mahto @ Mantu Kumar Mahto Son Of Kouleshwar
Mahto. Resident Of Village Bela Mohammadpur, P.S. -Dariyapur, District
Saran At Chapra (Bihar).
... ... Appellant/s
Versus
1. The State of Bihar
2. Rinku Devi Wife Of Paras Claudhary Resident Of Village Bela
Mohammadpur, Saran At P.s. Dariyapur, District Chapra (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rakesh Kumar
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the appellants and
learned Special P.P. for the State.
2. The learned counsel appearing on behalf of the
appellants, in view of the defects as pointed out by the office,
seeks permission to withdraw the appeal with liberty to file a
Criminal Miscellaneous Application.
3. Permission is accorded.
4. Accordingly, instant appeal is dismissed as
Patna High Court CR. APP (SJ) No.4352 of 2025(3) dt.19-03-2026
2/2
withdrawn.
5. The office is directed to return all the documents
annexed with the appeal except for vakalatnama to the learned
counsel appearing on behalf of the appellants.
(Satyavrat Verma, J)
vikash/-
U T
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