Patna High Court
Abhijeet Kumar Giri @ Abhijit Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The court held that an appeal may be withdrawn with the court’s permission, and therefore dismissed the appeal as withdrawn.
Summary
The appellant, Abhijeet Kumar Giri, was convicted in a criminal case (PS Case No.115, 2025) in Samastipur. While the appeal (Criminal Appeal (SJ) No.452 of 2026) was pending before the Patna High Court, the appellant surrendered. The appellant’s counsel applied to the court for permission to withdraw the appeal. The respondent State, through its special public prosecutor, opposed the withdrawal. The court examined whether a pending appeal could be withdrawn after surrender. Finding no legal impediment and noting the appellant’s surrender, the court granted permission to withdraw. Consequently, the appeal was dismissed as withdrawn.
Issues considered
- Whether an appellant who has surrendered may withdraw a pending criminal appeal
Subjects
- appeal withdrawal
- criminal procedure
- surrender
- high court
- procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.452 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- SC/ST District- Samastipur
======================================================
Abhijeet Kumar Giri @ Abhijit Kumar Giri Son of Indra Kant Giri @ Inder
Giri R/o Village - Girih Tola Pagra ward no. 9, P.S. - Dalsingsarai, Dist. -
Samastipur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ajay Kumar Paswan S/o Nagina Paswan R/o vill - ward no. 8, Pagada, P.S.-
Dalsingsarai, Distt.- Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bindeswari Singh
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 01-05-2026 1. Heard learned counsel for the appellant and learned
Special P.P. for the State.
2. The learned counsel for the appellant seeks
permission to withdraw the present appeal as appellant
surrendered during pendency of the same.
3. Permission is accorded.
4. Accordingly, instant appeal is dismissed as
withdrawn.
(Satyavrat Verma, J)
vikash/-
U T
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