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Patna High Court

Abhijeet Kumar Giri @ Abhijit Kumar GiriversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The court held that an appeal may be withdrawn with the court’s permission, and therefore dismissed the appeal as withdrawn.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 The court examined whether a pending appeal could be withdrawn after surrender.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 Consequently, the appeal was dismissed as withdrawn.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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