Patna High Court
Dashrath ChauhanversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The appeal is dismissed as withdrawn, and liberty is granted to the appellants to file a fresh bail application.
Summary
The appellants, four individuals, filed a criminal appeal (SJ) No.4638 of 2025 before the Patna High Court challenging a decision of the lower court. Their counsel, Mr. Kundan Kumar, sought permission to withdraw the appeal on the ground that it was barred by limitation and the period for condoning delay had expired. The counsel also requested liberty to file a fresh bail application before the trial court. The Court, after considering the request, granted permission to withdraw the appeal and dismissed it as withdrawn. Additionally, the Court granted liberty to the appellants to move a fresh bail application in the lower court.
Issues considered
- What is the effect of limitation and expiry of the condonation period on a pending criminal appeal?
- Whether the Court can grant liberty to the appellant to file a fresh bail application after withdrawal of the appeal.
Subjects
- criminal appeal
- limitation
- withdrawal of appeal
- condonation of delay
- bail application
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4638 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
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1. Dashrath Chauhan S/o- Late Cathi Chauhan Resident of Village-
Raghunathpur PS- Rahui District- Nalanda
2. Badri Chauhan S/o- Late Cathi Chauhan Resident of Village-Raghunathpur
PS- Rahui District- Nalanda
3. Ramsharan Chauhan S/o- Late Chauthi Chauhan Resident of Village-
Raghunathpur PS- Rahui District- Nalanda
4. Sipahi Chauhan @ Sipahi Singh Chauhan S/o- DAshrath Chauhan Resident
of Village-Raghunathpur PS- Rahui District- Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni S/o- Sanjay Majhi R/v- Dedoor Tola, Krishna Mayar River, P/A-
Panchayat Madokhara Ps- Muffasil Dist- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kundan Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-02-2026 Ms. Kundan Kumar, learned counsel appearing for
the appellants, seeks permission of this Court to
withdraw the present appeal on the ground that the
same is barred by limitation and the statutory period
prescribed for condonation of delay has already expired. It is
further prayed that liberty be granted to the appellant to move a
fresh bail application before the court below.
2. Permission, as prayed for, is accorded.
3. Accordingly, the present appeal is dismissed as
Patna High Court CR. APP (SJ) No.4638 of 2025(3) dt.13-02-2026
2/2
withdrawn with liberty as aforesaid.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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