Patna High Court
Pinku Yadav @ Pinku Kumar @ Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is dismissed as withdrawn for Appellant No. 3 and not maintainable for the remaining appellants.
Summary
The appellants, four accused persons, filed a criminal appeal against the State of Bihar and a private respondent. Appellant No. 3, Karnvir Singh Yadav, sought to withdraw his part of the appeal through Interlocutory Application No. 01 of 2025, stating he had surrendered and was in judicial custody. The court allowed the application, dismissing the appeal as withdrawn for Appellant No. 3 and limiting the proceedings to the remaining appellants. For Appellants No. 1, 2 and 4, the court held the appeal not maintainable in view of its earlier order dated 17‑04‑2025 in Criminal W.J.C. No. 129 of 2025. Consequently, the entire appeal was dismissed, with liberty granted to the appellants to approach the court again if necessary.
Issues considered
- Whether the interlocutory application for withdrawal of the appeal by Appellant No. 3 is maintainable
- Whether the appeal filed by the remaining appellants is maintainable in view of the earlier order in Cr. W.J.C. No.129 of 2025
Subjects
- criminal appeal
- interlocutory application
- withdrawal of appeal
- maintainability
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.925 of 2025
Arising Out of PS. Case No.-820 Year-2024 Thana- BARH District- Patna
======================================================
1. Pinku Yadav @ Pinku Kumar @ Amresh Kumar S/O Lalbabu Yadav @
Brahmachari Krishna Chandra R/O Village- Tika Chak, Mahammadpur, P.S-
Barh, Distt.- Patna.
2. Ranvir Yadav @ Ranvir Kumar S/O Late Ramvilash Prasad R/O Village-
Gulab Bab, P.S- Barh, Distt. - Patna.
3. Karnvir Singh Yadav @ Lallu Mukhiya S/O Late Ramvilash Prasad R/O
Village- Gulab Bab, P.S- Barh, Distt. - Patna.
4. Mahesh Yadav@ Mahesh Prasad S/O Narsingh Yadav R/O Village- Gulab
Bab, P.S- Barh, Distt. - Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajeshwari Devi W/O Hira Das R/O Vilage/Mohalla- Purani Barh, P.S-
Barh, Distt.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Chitranjan Sinha, Sr. Advocate
Mr. Arun Kumar
For the Respondent/s : Mr. Sadanand Paswan
Mr. Ajay Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the learned senior counsel for the appellants,
the learned Spl. PP for the State, and the learned counsel for the
informant.
2. Learned Senior Counsel for the appellants submits
that an Interlocutory Application bearing I.A. No. 01 of 2025
has been filed on behalf of Appellant No. 3, Karnvir Singh
Yadav @ Lallu Mukhiya, seeking permission to withdraw the
present appeal so far as Appellant No. 3 is concerned. It is
Patna High Court CR. APP (SJ) No.925 of 2025(4) dt.12-03-2026
2/2
further submitted that the appellant has surrendered before the
learned court below in connection with Barh P.S. Case No. 98 of
2023 on 29.11.2025, has been remanded to judicial custody, and
is presently in judicial custody.
3. For the reasons mentioned in the interlocutory
application, I.A. No. 01 of 2025 is allowed. Accordingly, the
present appeal filed on behalf of the Appellant No. 3, Karnvir
Singh Yadav @ Lallu Mukhiya is dismissed as withdrawn.
4. This case is now been limited to Appellant No. 1, 2
and 4 only.
5. So far as the Appellant Nos. 1, 2 and 4 are
concerned, in view of the order of this Court dated 17.04.2025
passed in Cr. W.J.C. No. 129 of 2025, this application is held to
be not maintainable and therefore, the present appeal is
dismissed with liberty to the appellants to approach this Court as
and when the need arises.
(Sandeep Kumar, J)
Shishir/-
U
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