Patna High Court

Shambhu Kumar MishraversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Shambhu Kumar Mishra, filed an application in a criminal miscellaneous proceeding before the Patna High Court and sought permission to withdraw it while reserving the right to raise all points later. The Court heard counsel for both parties and allowed the prayer. Consequently, the application was dismissed as withdrawn, with the Court expressly stating that it has not expressed any opinion on the merits. No substantive issues were decided, and the matter remains pending for any further proceedings. The order is purely procedural.

Issues considered

Whether the petitioner may be permitted to withdraw the application with liberty to raise all points at a later stage.

Subjects

withdrawal of application
procedural order
criminal miscellaneous case
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1040 of 2025
                     Arising Out of PS. Case No.-259 Year-2023 Thana- BETTIAH CITY District- West
                                                       Champaran
                 ======================================================
                 Shambhu Kumar Mishra S/o Nand Kishor Mishra R/o Village- Bhangha, P.S.-
                 Kumarbag O.P., District- West Champaran
                                                                       ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Sanjay Prasad S/o Late Murat Prasad R/o Mohalla- Ilaram Chowk(Mittha
                  Toli), GAnj No.1, Ward No.13, P.S.- Bettiah Nagar, District- West
                  Champaran
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajdeep Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. At the very outset, learned counsel for the petitioner

                   seeks permission to withdraw this application with liberty to

                   raise all the points at the appropriate stage.

                                3. Prayer is allowed.

                                4. Accordingly, this application is dismissed as

                   withdrawn.

                                5. It is made clear that this Court has not expressed

                   any opinion on the merits of this case.



                                              (Praveen Kumar, J)
shivam/-
U      T

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