Patna High Court

LALAN SINGHversusThe State of Bihar

Decided: 1 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The High Court permitted the withdrawal of the appeal and directed that the trial court consider the appellant’s bail application without prejudice.

Summary

The appellant, Lalan Singh, was convicted in a criminal case (PS Case No.237/2023) and filed an appeal before the Patna High Court. While the appeal was pending, the appellant sought the Court’s permission to withdraw the appeal and to surrender to the trial court, requesting that he be allowed to apply for regular bail. The learned counsel for the appellant argued that withdrawal would not prejudice the appellant’s right to obtain bail. The Court, after hearing both sides, granted permission to withdraw the appeal and directed that the appellant may surrender and seek regular bail, emphasizing that the trial court must consider the bail application on its merits without any prejudice arising from the withdrawal. Consequently, the appeal stands withdrawn, and the matter is remitted to the trial court for further proceedings on bail.

Issues considered

Whether an appellant may be permitted to withdraw a criminal appeal and surrender to the trial court
Whether withdrawal of the appeal prejudices the appellant’s right to obtain regular bail

Subjects

criminal appeal
withdrawal of appeal
surrender
regular bail
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.772 of 2025
                       Arising Out of PS. Case No.-237 Year-2023 Thana- SARMERA District- Nalanda
                  ======================================================
                  LALAN SINGH S/o Sakaldeep Singh R/o vill - Dhanawaudih, P.S.- Sarmera,
                  Distt.- Nalanda
                                                                      ... ... Appellant/s
                                               Versus
            1.     The State of Bihar
            2.     Chalitar Choudhary S/o Late Grabho Choudhary R/o vill - Dhanawaudih,
                   P.S.- Sarmera, Distt.- Nalanda
                                                                      ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr. Hafiz Shahbaz Arif, Advocate
                  For the Respondent/s    :        Mr. Binay Krishna, Spl.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

6    01-04-2026                 1. Heard the learned counsel for the appellant and the

                    learned Special P.P. Mr. Binay Krishna.

                                2. Learned counsel for the appellant after some

                    argument seeks permission to withdraw the appeal with liberty

                    to the appellants to surrender and seek regular bail.

                                3. Permission is accorded.

                                4. It is made clear that if the appellant surrender and

                    seek regular bail, the learned trial court shall consider the case

                    of the appellant on its own merit without being prejudiced by

                    the fact that appellant before this court withdrew his appeal.


                                              (Satyavrat Verma, J)
khushbu/-

U      T

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