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Patna High Court

Sunil Kumar Yadav @ Sunil KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court held that permission to withdraw a criminal appeal may be granted, resulting in dismissal of the appeal.

Summary

The appellant, Sunil Kumar Yadav, filed a criminal appeal (SJ) No.701 of 2026 before the Patna High Court challenging the conviction by the State of Bihar. During the pendency of the appeal, the appellant was arrested, prompting his counsel to seek the Court’s permission to withdraw the appeal. The learned counsel argued that the appellant’s arrest rendered the continuation of the appeal unnecessary. The Court considered whether a party may be allowed to withdraw a criminal appeal after such a development. It granted the request, holding that the Court has discretion to permit withdrawal of an appeal. Consequently, the appeal was dismissed as withdrawn.

Issues considered

  • Whether the appellant may be permitted to withdraw a criminal appeal after being arrested.

Subjects

  • withdrawal of appeal
  • criminal procedure
  • high court
  • appeal dismissed

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CRIMINAL APPEAL (SJ) No.701 of 2026
                       Arising Out of PS. Case No.-465 Year-2025 Thana- MUFFASIL District- Aurangabad
                    ======================================================
                    Sunil Kumar Yadav @ Sunil Kumar S/o- Ramnaresh Yadav R/v- Chamardih
                    Ps- Muffasil Dist- Aurangabad

                                                                                     ... ... Appellant/s
                                                          Versus
               1.   The State of Bihar
               2.   Uday Paswan S/o- Late Kamdeo Paswan R/v- Chamardih Ps- Muffasil Dist-
                    Aurangabad

                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Appellant       :        Mr. Ashok Singh, Advocate
                    For the State           :        Mr. Sadanand Paswan, Special P.P.
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                          ORAL ORDER

2     16-04-2026                    Heard the parties.

                                  2. At the outset, the learned counsel for the appellant

                      seeks permission to withdraw the present criminal appeal, since

                      during pendency of the same, the appellant has been arrested.

                                  3. Permission, so sought for, is accorded.

                                  4. The present criminal appeal is dismissed as

                      withdrawn.


                                                 (Ritesh Kumar, J.)

Sanjay/-

U          T


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