Patna High Court

Mukesh Kumar @ Mukesh Kumar AzadversusThe State of Bihar

Decided: 12 February 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The appeal is withdrawn and disposed of as such.

Summary

The appellants, Mukesh Kumar and co‑accused, filed a criminal appeal (SJ) No.5165 of 2024 before the Patna High Court challenging a conviction by the Samastipur court. The appellants' counsel submitted that the final form had been filed and there was no risk of arrest, seeking the Court's permission to withdraw the appeal. The Court considered the request and noted that withdrawal of an appeal is permissible when the appellant no longer wishes to pursue the remedy. Permission to withdraw was granted. Consequently, the appeal was disposed of as withdrawn.

Issues considered

Whether the appellants may withdraw their criminal appeal after filing the final form

Subjects

appeal withdrawal
criminal appeal
final form
Patna High Court
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5165 of 2024
                 Arising Out of PS. Case No.-246 Year-2024 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
           1.     Mukesh Kumar @ Mukesh Kumar Azad S/o Yogendra Ray R/o Village-
                  Bhaua, PS- Patory, Distt- Samastipur
           2.    Yogendra Ray S/o Anup Lal Ray R/o Village- Bhaua, PS- Patory, Distt-
                 Samastipur
           3.    Prabhas Ray @ Prabhash Chandra Ray S/o Late Nandlal Ray R/o vill -
                 Sirdilpur, P.S. - Patory, Distt. - Samastipur
           4.    Lakhindra Ray @ Lakhindra Kumar Ray S/o Jagdev Ray R/o vill - Sirdilpur,
                 P.S. - Patory, Distt. - Samastipur
                                                                      ... ... Appellants
                                                    Versus
           1.    The State of Bihar
           2.     Mukesh Kumar S/o Kapur Sada R/o vill - Hasanpur Surat Tanda, P.s. -
                  Patory, Distt. - Samastipur
                                                                   ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellants      :        Mr. Suneil Kumar Thakur, Advocate
                 For the Respondent-State:        Mr. Binay Krishna, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   12-02-2026                  Learned counsel for the appellants submits that final

                   form has been submitted in this case and as such there is no

                   apprehension of the arrest of the present appellants. He seeks

                   permission to withdraw the present appeal.

                               2. Permission is accorded.

                               3. This appeal is disposed of as withdrawn .



                                             (Praveen Kumar, J)
Pawan/-

U

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