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Patna High Court

Amresh Prasad @ Amresh Yadav @ Priyendra SaurabhversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn, with liberty granted to the appellant to file a fresh bail application.

Summary

The appellant, Amresh Prasad, filed a criminal appeal (SJ) No.5108 of 2025 challenging the order of the State of Bihar and Jamadar Manjhi. He sought the Court's permission to withdraw the appeal on the ground that it was barred by limitation and that the period for condoning delay had expired. He also requested liberty to file a fresh bail application before the lower court. The learned counsel for the appellant, Ms. Kumari Anupam, made the application. Justice Rudra Prakash Mishra granted the permission to withdraw the appeal and allowed the appellant liberty to move a fresh bail application. Consequently, the appeal was dismissed as withdrawn with the liberty granted.

Issues considered

  • Whether the appeal is barred by limitation and can be withdrawn.
  • Whether the appellant may be granted liberty to file a fresh bail application after withdrawal.

Subjects

  • appeal withdrawal
  • limitation
  • condonation of delay
  • bail
  • criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CRIMINAL APPEAL (SJ) No.5108 of 2025
                         Arising Out of PS. Case No.-316 Year-2023 Thana- GORIAKOTHI District- Siwan
                     ======================================================
                     Amresh Prasad @ Amresh Yadav @ Priyendra Saurabh S/O Ganesh Prasad
                     Resident of village- Kalyanpur PS- Goriyakothi Dist- Siwan

                                                                                       ... ... Appellant/s
                                                          Versus
                1.   The State of Bihar
                2.   Jamadar Manjhi S/O Late Ramjatan Manjhi Resident of village- Kalyanpur
                     PS- Goriyakothi Dist- Siwan

                                                               ... ... Respondent/s
                     ======================================================
                     Appearance :
                     For the Appellant/s     :       Ms. Kumari Anupam, Advocate
                     For the Respondent/s    :       Ms. Usha Kumari 1, SPP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                     MISHRA
                                           ORAL ORDER

3    09-02-2026                Ms. Kumari Anupam, learned counsel appearing for

                       the appellant,       seeks      permission        of     this      Court        to

                       withdraw the present appeal on the ground that the

                       same      is     barred       by limitation and the statutory period

                       prescribed for condonation of delay has already expired. It is

                       further prayed that liberty be granted to the appellant to move a

                       fresh bail application before the court below.

                               2. Permission, as prayed for, is accorded.

                               3. Accordingly, the present appeal is dismissed as

                       withdrawn with liberty as aforesaid.


Raj Kishore/-                                                      (Rudra Prakash Mishra, J)
U      T


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