Patna High Court

Kajal KumariversusThe State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna

Decided: 5 February 2026
Disposal: WITHDRAWN
Bench: ARUN KUMAR JHA

Holding

The court may, at its discretion, allow a petitioner to withdraw a criminal writ petition, resulting in dismissal of the petition.

Summary

The petitioners filed a criminal writ petition in the Patna High Court arising from a police case. They later sought the court's permission to withdraw the petition. The court considered whether it had the discretion to allow such a withdrawal. It held that the court may, at its discretion, permit a petitioner to withdraw a criminal writ petition where no prejudice is caused. Accordingly, permission was granted and the petition was dismissed as withdrawn.

Issues considered

Whether the High Court may grant permission to withdraw a criminal writ petition

Subjects

withdrawal of petition
criminal writ jurisdiction
court discretion
petition dismissed

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.2149 of 2025
                           Arising Out of PS. Case No.-69 Year-2025 Thana- SAHAR District- Bhojpur
                    ======================================================
               1.    Kajal Kumari W/o- Rahul Kumar Village- Brahampur PS-Bhagwan Bazar
                     Distric- Saran
               2.   Rishi Kumar Sharma S/o- Late Krishna Kumar Sharma Village- Brahampur
                    PS-Bhagwan Bazar Distric- Saran
               3.   Sundari Devi W/o- Late Krishna Kumar Sharma Village- Brahampur PS-
                    Bhagwan Bazar Distric- Saran
                                                                            ... ... Petitioner/s
                                                    Versus
               1.   The State of Bihar through the Principal Secretary, Department of Home,
                    Govt. of Bihar, Patna Bihar
               2.   The Director General of Plice, Bihar, Patna Bihar
               3.   The Superintendent of Police Saran at Chapra Bihar
               4.   Rahul Kumar S/o- Parshuram Prasad Village- Balbadh PS-Charpokhari
                    Distric- Bhojpur at Ara
               5.    Satish Kumar Batt S/o- Parshuram Prasad Village- Balbadh PS-Charpokhari
                     Distric- Bhojpur at Ara
                                                                           ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s    :        Mr.Jitendra Kumar, Advocate
                    For the Respondent/s    :        Mr. Rohit Singh, AC to GP-6
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                          ORAL ORDER

2    05-02-2026                        The learned counsel for the petitioners seeks

                      permission to withdraw the present petition.

                                  2. Permission is accorded.

                                  3. Accordingly, the present petition is dismissed as

                      withdrawn.



                                                (Arun Kumar Jha, J)
V.K.Pandey/-

U      T

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