Patna High Court
Baidhnath Prasad @ Baidhnath Prasad JaiswalversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal is dismissed as withdrawn, with liberty granted to the appellant to seek bail after charge framing.
Summary
Baidhnath Prasad appealed against his conviction in a criminal case from East Champaran. During the hearing, the appellant's senior counsel requested permission to withdraw the appeal and sought liberty for the appellant to apply for bail after the charge was framed. The court considered the request and granted permission to withdraw the appeal, allowing the appellant to seek bail subsequently. Consequently, the appeal was dismissed as withdrawn with the liberty to renew the bail application. No substantive merits of the original conviction were addressed.
Issues considered
- Whether an appellant may withdraw a criminal appeal and be granted liberty to apply for bail after charge framing
Subjects
- criminal appeal
- withdrawal of appeal
- bail
- procedural law
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4862 of 2025
Arising Out of PS. Case No.-274 Year-2023 Thana- GHORASAHAN District- East
Champaran
======================================================
Baidhnath Prasad @ Baidhnath Prasad Jaiswal S/o- Late Gorakh Prasad @
Gorakh Ram Resident of Village- Ghorasahan ward No- 03 Police Station-
Ghorasahan, Dist- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Mukesh Baitha S/o- Jagarnath Baitha R/v- Athmohan, P.S - Jharokhar, PO-
Jharaukhar Dist- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nirmal Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-02-2026 1. Heard learned Senior counsel for the appellant, Mr.
N.K. Agrawal assisted by learned Advocate Mr. Nirmal Kumar,
learned Special PP for the State, Ms. Usha Kumari 1 and the
learned counsel appearing on behalf of the informant, Mr.
Nagendra Kumar Singh assisted by learned Advocate Mr. Rahul
Kumar.
2. The learned Senior counsel for the appellant, after
arguing vehemently for some times, seeks permission to
withdraw the appeal with liberty to the appellant to renew his
prayed for bail after framing of charge.
3. Permission is accorded.
4. Accordingly, the appeal is dismissed as
Patna High Court CR. APP (SJ) No.4862 of 2025(3) dt.25-02-2026
2/2
withdrawn with the liberty aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…