Patna High Court

Bindeshwari YadavversusThe State of Bihar

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Disposal: WITHDRAWN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

Holding

The court granted permission to withdraw the appeal, dismissing the memorandum of appeal as withdrawn.

Summary

The appellants, Bindeshwari Yadav and Deepak Yadav, filed a criminal appeal (SJ) No.620 of 2026 arising from a SC/ST complaint case. During the pendency of the appeal, the appellants surrendered before the trial court. They subsequently sought the court's permission to withdraw their memorandum of appeal. The learned counsel for the appellants requested that the appeal be withdrawn on the basis of the surrender. Justice Satyavrat Verma granted the permission, holding that the appeal could be withdrawn. Consequently, the memorandum of appeal was dismissed as withdrawn.

Issues considered

Whether the court may permit the withdrawal of a criminal appeal after the appellants have surrendered before the trial court

Subjects

appeal withdrawal
criminal procedure
surrender
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.620 of 2026
                   Arising Out of PS. Case No.-30 Year-2023 Thana- MADHEPURA SC/ST COMPLAINT
                                                CASE District- Madhepura
                 ======================================================
           1.     Bindeshwari Yadav Son of Tilkeshshwar Yadav Residents of Village -
                  Harriraha, Ward no.2, P.S. - Shankarpur, District -Madhepura.
           2.     Deepak Yadav @ Deepak Kumar Son of Bindeshwari Yadav Residents of
                  Village - Harriraha, Ward no.2, P.S. - Shankarpur, District -Madhepura.
                                                                                 ... ... Appellant/s
                                                      Versus
                 The State of Bihar
                                                                              ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Durgesh Kumar, Advocate
                 For the Respondent/s    :       Ms. Usha Kumari No. 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   08-04-2026                 1. Heard learned counsel for the appellants and

                   learned Spl.P.P. for the State.

                               2. Learned       counsel      for     the    appellants      seeks

                   permission to withdraw the memo of appeal as the appellants

                   during pendency of the same have surrendered before the

                   learned Trial Court.

                               3. Permission is accorded.

                               4. Accordingly, the instant memo of appeal is

                   dismissed as withdrawn.


                                                                       (Satyavrat Verma, J)

Kundan/-

U     T

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