Patna High Court

Saurav Yadav @ Saurav KumarversusThe State of Bihar

Decided: 16 February 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The appeal may be withdrawn with the court's permission, and the court dismissed the appeal as withdrawn.

Summary

The appellant, Saurav Yadav, filed a criminal appeal (SJ) No.4802 of 2025 before the Patna High Court challenging a conviction. During the pendency of the appeal, the appellant was granted bail under Section 167(2) of the Code of Criminal Procedure. The appellant's counsel then applied to withdraw the appeal, arguing that the grant of bail rendered the continuation of the appeal unnecessary. The court considered whether a party may withdraw a criminal appeal after obtaining bail. It held that the appellant is entitled to withdraw the appeal upon permission of the court. Consequently, the court granted permission and dismissed the appeal as withdrawn.

Issues considered

Whether a criminal appeal can be withdrawn after the appellant has been granted bail under Section 167(2) Cr.P.C.

Legislation cited

Code of Criminal Procedure, 1973 — s. 167(2)

Subjects

bail
criminal appeal
withdrawal of appeal
Section 167(2)
High Court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (SJ) No.4802 of 2025
                     Arising Out of PS. Case No.-132 Year-2024 Thana- SURYAGARHA District- Lakhisarai
                    ======================================================
                    Saurav Yadav @ Saurav Kumar S/o Late Mahendra Yadav R/o Vill-
                    Nawabganj, P.S.- Suryagarha, District- Lakhisarai
                                                                      ... ... Appellant/s
                                                       Versus
               1.    The State of Bihar
               2.    Budhan Ram S/o Awadh Ram R/o Vill- Nawabganj, P.S.- Suryagarha, Distt-
                     Lakhisarai
                                                                        ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Appellant/s    :        Mr.Davendra Kumar Pandey
                    For the Respondent/s   :        Mr.Binay Krishna
                                                    Mr.Mayank Bilochan
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                          ORAL ORDER

3    16-02-2026                   1. Heard learned counsel for the appellant, learned

                      Special P. P. for the State and the learned counsel appearing on

                      behalf of the informant.

                                  2. The learned counsel for the appellant seeks

                      permission to withdraw the instant appeal as appellant, during

                      pendency of the instant appeal, was granted the privilege of bail

                      under Section 167(2) Cr.P.C.

                                  3. Permission is accorded.

                                  4. Accordingly, instant appeal is dismissed as

                      withdrawn.


                                               (Satyavrat Verma, J)
vikash/-

U          T

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