Patna High Court

Mukesh Kumar SinghversusThe State of Bihar

Decided: 1 April 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The court may permit withdrawal of an application with liberty to file a fresh application.

Summary

The appellant, Mukesh Kumar Singh, filed an application seeking permission to withdraw the pending application, citing that the impugned order was already challenged in Criminal Appeal (SJ) No. 1208 of 2025. The learned counsel for the petitioner requested liberty to file a fresh application before the lower court. Justice Rajesh Kumar Verma exercised the court's discretion and granted permission to withdraw. Consequently, the application was dismissed as withdrawn, with liberty to re‑file. No substantive merits of the original criminal matter were addressed.

Issues considered

Whether the court may grant permission to withdraw an application and allow a fresh filing

Subjects

withdrawal of application
procedural discretion
criminal appeal
high court order

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.3923 of 2025
                         Arising Out of PS. Case No.-346 Year-2024 Thana- THAWE District- Gopalganj
                    ======================================================
                    Mukesh Kumar Singh S/o Ramaji Singh R/o Village- Bhusao, P.S.- Thawe,
                    District- Gopalganj
                                                                        ... ... Appellant/s
                                                  Versus
               1.    The State of Bihar
               2.    Srikant Ram S/o Late Sukhram Ram R/o Village- Gopalmath, P.S.- Thawe,
                     District- Gopalganj
                                                                        ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Appellant/s     :        Mr. Niranjan Kumar, Advocate
                    For the Resp. No. 2     :        Mr. Sarvesh Kashyap, Advocate
                    For the State           :        Mrs. Usha Kumari 1, Spl. P.P.
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                          ORAL ORDER

4     01-04-2026                     Heard Mr. Niranjan Kumar, learned counsel for the
                      petitioner, Mr. Sarvesh Kashyap, learned counsel for the Resp.
                      No. 2 and Mrs. Usha Kumari 1, learned Special Public
                      Prosecutor for the State.
                                     2. After some argument, learned counsel for the
                      petitioner seeks permission to withdraw this application with
                      liberty to file a fresh application before the learned Court below
                      as the impugned order has already been assailed in Cr. Appeal
                      (SJ) No. 1208 of 2025.
                                      3. Permission is accorded.
                                      4. Accordingly, this application stands dismissed as
                      withdrawn with the aforesaid liberty.



Ibrar//-                                                            (Rajesh Kumar Verma, J)

U          T

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