Patna High Court
Nandeshwar Singh @ Sadhu SinghversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal is dismissed as withdrawn, permitting the appellant to surrender and seek bail.
Summary
The appellant Nandeshwar Singh was convicted in a criminal case (PS case No.178/2023) and filed an appeal before the Patna High Court. During the hearing, the appellant’s counsel requested permission to withdraw the appeal and to surrender to the trial court to seek regular bail. The court granted the request, allowing the appellant to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn. The court clarified that the trial court must consider the surrender and bail application on its merits without prejudice from the withdrawn appeal.
Issues considered
- Whether an appellant may withdraw a criminal appeal and surrender to seek regular bail?
Subjects
- criminal appeal
- withdrawal of appeal
- surrender
- regular bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4856 of 2024
Arising Out of PS. Case No.-178 Year-2023 Thana- NAUTAN District- Siwan
======================================================
Nandeshwar Singh @ Sadhu Singh S/O Surendra Singh Resident of Village -
Gambhirpur, P.S. - Nautan, District - Siwan.
... ... Appellant/s
Versus
1. The State of Bihar
2. Gyanti Devi W/O Late Sri Bhagwan Gond R/O Village - Gambhirpur P.S. -
Nautan, Distt.- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bijay Prakash Singh, Advocate
For the Respondent/s : Ms. Usha Kumari No. 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 12-01-2026 1. Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. Learned counsel for the appellant, after some
arguments, seeks permission to withdraw the appeal with liberty to
the appellant to surrender and seek regular bail.
3. Permission is accorded.
4. Accordingly, the appeal is dismissed as withdrawn.
5. It is made clear that if the appellant surrenders and
seeks regular bail, the learned Trial Court shall consider the case on
its own merit without being prejudiced by the fact that appellant
before this Court withdrew his appeal.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…