Created by Fuzzy Cloud

Patna High Court

Nand Kishore SinghversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that the appellant may withdraw the appeal with its permission, resulting in the dismissal of the bail petition as withdrawn.

Summary

The appellant, Nand Kishore Singh, filed a criminal appeal and a bail petition before the Patna High Court. During the hearing on 19-03-2026, the appellant's counsel sought permission to withdraw the appeal. The Court, after hearing arguments, granted the request to withdraw the appeal. Consequently, the bail petition was dismissed as withdrawn. The Court, however, directed that if the appellant surrenders within four weeks before the trial court and applies for regular bail, the application will be considered on its merits without prejudice. No substantive discussion on the merits of the bail request was made.

Issues considered

  • Whether the appellant may be permitted to withdraw the criminal appeal and the associated bail petition

Subjects

  • bail
  • withdrawal of appeal
  • criminal procedure
  • regular bail
  • surrender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.49 of 2024

                         Arising Out of PS. Case No.-104 Year-2020 Thana- BARH District- Patna
                 ======================================================
                 Nand Kishore Singh Son of Ravindra Singh R/o vill - Madatpur, P.s. -
                 N.T.P.C., Barh, Distt. - Patna

                                                                                   ... ... Appellant/s
                                                       Versus

           1.    The State of Bihar
           2.    Sravan Paswan, Assistant Sub-Inspector, Posted at barh P.S., P.S. - Barh,
                 Distt. - Patna Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant       :        Mr. Kumar Mritunjay, Advocate
                 For the State           :        Mr. Binay Krishna, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   19-03-2026                   Heard learned counsel for the appellant and learned

                   Spl.PP for the State.

                               2. After some arguments, learned counsel appearing

                   for the appellant seeks permission to withdraw the appeal.

                               3. Permission, as prayed for, is accorded.

                               4. Accordingly, this bail petition is dismissed as

                   withdrawn.

                               5. However, if the appellant surrenders within a

                   period of four weeks from today before the learned Trial Court

                   and prays for regular bail, the same shall be considered on its
             Patna High Court CR. APP (SJ) No.49 of 2024(4) dt.19-03-2026
                                                          2/2




                       own merits, without being prejudiced by this order.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.