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Patna High Court

Ankush Kumar @ Ankush YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the appellant to withdraw the appeal and granted liberty to file a fresh appeal.

Summary

Ankush Kumar (appellant) filed Criminal Appeal No.69 of 2026 arising from a 2025 Bodhgaya case. The appellant sought the court's permission to withdraw the appeal and be allowed to file a fresh appeal with all requisite documents. The learned counsel for the appellant requested this relief, and the State was represented by a special public prosecutor. Justice Satyavrat Verma granted the request, ordering the appeal to be dismissed as withdrawn and permitting the appellant to re‑file a new appeal. The court also directed that all annexures attached to the withdrawn appeal, except the vakalatnama, be handed over to the appellant's counsel.

Issues considered

  • Whether the appellant may be permitted to withdraw the pending appeal and file a fresh appeal with the required documents.

Subjects

  • appeal withdrawal
  • criminal procedure
  • re‑filing of appeal
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.69 of 2026
                       Arising Out of PS. Case No.-397 Year-2025 Thana- BODHGAYA District- Gaya
                  ======================================================
                  Ankush Kumar @ Ankush Yadav Son of Rajendra Yadav @ Rajendra Prasad
                  R/o Village - Bangal Bigha, P.S. - Bodhgaya, Dist. - Gaya.
                                                                             ... ... Appellant/s
                                                      Versus
            1.     The State of Bihar
            2.     Raju Paswan Son of Late Umesh Paswan R/o Village - Ratnara Ganga Bigha
                   Colony, P.S. - Bodhgaya, Dist. - Gaya.
                                                                        ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr.Ajay Kumar Sinha
                  For the Respondent/s   :        Mr.Usha Kumari 1, Spl. PP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    23-03-2026              1.    Heard learned counsel for the appellant and learned

                    Spl.PP for the State, Sri Usha Kumari No. 1

                             2.    Learned counsel for the appellant, at the outset, seeks

                    permission to withdraw the appeal with liberty to file afresh with all

                    the required documents.

                             3.    Permission is accorded.

                             4.    Accordingly, the appeal is dismissed as withdrawn with

                    the liberty aforesaid.

                             5.    The office is directed to hand over all the annexures

                    annexed with the appeal to the learned counsel appearing on behalf

                    of the appellant except the Vakalatnama.



                                             (Satyavrat Verma, J)
Sumit/-
U       T


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