Patna High Court

Madan SahversusThe State of Bihar

Decided: 8 May 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The appeal is dismissed as withdrawn.

Summary

Madan Sah filed a criminal appeal (SJ) No.5012 of 2025 before the Patna High Court challenging the second anticipatory bail application filed by the State of Bihar and Mithlesh Devi. The appellant sought permission to withdraw the appeal, arguing that continuation was unnecessary. The learned counsel for the appellant requested the court's leave to withdraw, and the Special Public Prosecutor appeared for the State. Justice Satyavrat Verma considered whether the court could permit the withdrawal of an appeal at this stage. The court granted the request, holding that an appeal may be withdrawn with the court's permission. Consequently, the appeal was dismissed as withdrawn.

Issues considered

Whether an appellant may be permitted to withdraw a criminal appeal seeking anticipatory bail

Subjects

anticipatory bail
withdrawal of appeal
criminal procedure
high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5012 of 2025
                    Arising Out of PS. Case No.-231 Year-2023 Thana- PATAHI District- East Champaran
                 ======================================================
                 Madan Sah Son of Late Sri Sah Resident of Village- Pathi Tola Nanhkar,
                 Police Station- Patahi, District- East Champaran
                                                                       ... ... Appellant/s
                                                       Versus
           1.     The State of Bihar
           2.     Mithlesh Devi Wife of Nanhak Das Resident of Village- Pathi Tola Nannkar,
                  Police Station- Patahi, District- East Champaran
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Sarvesh Kashyap, Advocate
                 For the Respondent/s     :        Ms. Usha Kumari 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   08-05-2026                  1. Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                                2. Learned counsel appearing on behalf of the

                   appellant, at the outset, seeks permission to withdraw this

                   appeal being the second anticipatory bail application.

                                3. Permission is accorded.

                                4. Accordingly, this appeal stands dismissed as

                   withdrawn.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T

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