Patna High Court
Rajnikant KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal may be withdrawn and the appellant may surrender and seek regular bail without prejudice to his case.
Summary
The appellant, Rajnikant Kumar, filed a criminal appeal against his conviction. During the hearing, he sought permission to withdraw the appeal and to surrender, requesting that the trial court consider his regular bail application without prejudice. The High Court, after hearing counsel, granted permission to withdraw the appeal and allowed the appellant to surrender. The court directed that the trial court should entertain the bail application on its merits, unaffected by the withdrawal of the appeal. No other substantive issues were addressed.
Issues considered
- Whether the appellant may withdraw his criminal appeal and subsequently surrender to seek regular bail without prejudice to his case?
Subjects
- criminal appeal
- withdrawal of appeal
- regular bail
- surrender
- prejudice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.495 of 2025
Arising Out of PS. Case No.-459 Year-2023 Thana- ALOULI District- Khagaria
======================================================
Rajnikant Kumar Son of Mukesh Yadav village- Ora, Po- Meghouna, Ps-
Alauli, Dist- Khagaria
... ... Appellant/s
Versus
1. The State of Bihar
2. Pranay Kumar Son of Sharwan Kumar Paswan @ Shravan Kumar Paswan
village- Meghana, Ps- Alauli, Dist- Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mahesh Kumar
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
9 31-03-2026 1. Heard the learned counsel for the appellant and the
learned Special P.P. Mr. Sadanand Paswan.
2. Learned counsel for the appellant after some
argument seeks permission to withdraw the appeal with liberty
to the appellant to surrender and seek regular bail.
3. Permission is accorded.
4. It is made clear that if the appellant surrenders and
seeks regular bail, the learned trial court shall consider the case
of the appellant on its own merit without being prejudiced by
the fact that appellant before this court withdrew his appeal.
(Satyavrat Verma, J)
amit/-
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