Patna High Court
Amresh Prasad @ Amresh Yadav @ Priyendra SaurabhversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
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The appeal is dismissed as withdrawn, with liberty granted to the appellant to file a fresh bail application.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 Consequently, the appeal was dismissed as withdrawn with the liberty granted.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- Whether the appeal is barred by limitation and can be withdrawn.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
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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
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Appearance :
For the Appellant/s : Ms. Kumari Anupam, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
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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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