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Patna High Court

Baidhnath Prasad @ Baidhnath Prasad JaiswalversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The appeal is dismissed as withdrawn, with liberty granted to the appellant to seek bail after charge framing.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 Consequently, the appeal was dismissed as withdrawn with the liberty to renew the bail application.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


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