Patna High Court

Tarni SahversusThe State Of Bihar and Anr

Decided: 9 January 2026
Disposal: WITHDRAWN
Bench: S B P SINGH

Holding

The Court held that the petitioner may withdraw the application and it is dismissed as withdrawn.

Summary

The petitioner, Tarni Sah, filed a civil miscellaneous application before the Patna High Court against the State of Bihar and several respondents. After hearing, the petitioner’s counsel sought the Court’s permission to withdraw the application. The Court considered whether such withdrawal could be permitted without affecting the substantive rights of the parties. It held that the petitioner may be allowed to withdraw the application and that doing so would not prejudice any final order in the main case. Consequently, the Court granted permission to withdraw and dismissed the application as withdrawn, noting that this dismissal would not prejudice the final outcome of the underlying dispute.

Issues considered

Whether the petitioner is entitled to withdraw the civil miscellaneous application?

Subjects

withdrawal of application
civil miscellaneous jurisdiction
court order
prejudice

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CIVIL MISCELLANEOUS JURISDICTION No.2177 of 2017
                 ======================================================
                 Tarni Sah Son of Late Rameshwar Sah, Resident of Village-Birgaon Tola
                 Naya Tola, P.S. Mahishi, Anchal-Mahishi, District-Saharsa.
                                                                            .. ... Petitioner/s
                                                  Versus
            1.    The State Of Bihar and Anr.
            2.   The Anchal Adhikari, Anchal Mahishi, District-Saharsa.
            3.   The Sikandar Sah S/o Late Rameshwar Sah, Resident of Village-Birgaon
                 Tola Naya Tola, P.S. Mahishi, Anchal-Mahishi, District-Saharsa.
            4.   Bindeshwari Sah S/o Late Yugal Sah, Resident of Village-Birgaon Tola Naya
                 Tola, P.S. Mahishi, Anchal-Mahishi, District-Saharsa.
            5.   Narayan Sah S/o Late Yugal Sah, Resident of Village-Birgaon Tola Naya
                 Tola, P.S. Mahishi, Anchal-Mahishi, District-Saharsa.
            6.   Hare Ram Sah S/o Late Yugal Sah, Resident of Village-Birgaon Tola Naya
                 Tola, P.S. Mahishi, Anchal-Mahishi, District-Saharsa.
            7.   Kailash Sah S/o Late Yugal Sah, Resident of Village-Birgaon Tola Naya
                 Tola, P.S. Mahishi, Anchal-Mahishi, District-Saharsa.
            8.    Manoj Sah S/o Late Bilat Sah, Resident of Village-Birgaon Tola Naya Tola,
                  P.S. Mahishi, Anchal-Mahishi, District-Saharsa.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Amarnath Jha
                 For the Respondent/s   :      Mr.Sajid Salim Khan -Sc25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

5   09-01-2026                 After some argument, learned counsel for the

                   petitioner seeks permission to withdraw the present application.

                               2. Permission is accorded.

                               3. Accordingly, the present Civil Miscellaneous

                   application stands dismissed as withdrawn. However, this order

                   will not cause prejudice in final order of the case.



                                            (S. B. Pd. Singh, J)
Ankit Kumar/-
U

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Amarnath Jha