Patna High Court

Mohammed SirajulversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SUNIL DUTTA MISHRA

Holding

The Court may grant permission to withdraw a pending criminal miscellaneous application and therefore dismissed the application as withdrawn.

Summary

The petitioner, Mohammed Sirajul, filed a criminal miscellaneous application before the Patna High Court. Subsequently, his counsel, Mr. Sunil Prasad, sought the Court’s permission to withdraw that application. The issue before the Court was whether it could grant permission to withdraw a pending criminal miscellaneous application. The Court held that it possesses inherent jurisdiction to allow withdrawal of such applications when no prejudice is caused. Accordingly, the Court granted the petitioner's request and ordered the application to be dismissed as withdrawn. No substantive merits of the original application were considered, and the matter was closed procedurally.

Issues considered

Whether the High Court can grant permission to withdraw a pending criminal miscellaneous application

Subjects

withdrawal of application
criminal miscellaneous proceedings
procedural jurisdiction
high court powers

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.11211 of 2026
                        Arising Out of PS. Case No.-529 Year-2025 Thana- LALGANJ District- Vaishali
                   ======================================================
                   Mohammed Sirajul S/o Mohammad Jalil Village- Pojhiyan, Police Station-
                   Lalganj, District- Vaishali.

                                                                                     ... ... Petitioner/s
                                                         Versus
                   The State of Bihar.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Sunil Prasad, Advocate.
                   For the Opposite Party/s :       Mr. Binod Kumar, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

3     23-04-2026                  Learned counsel for the petitioner seeks permission to

                     withdraw the present Cr. Misc. Application.

                                  2. Permission, as prayed for, is granted.

                                  3. Accordingly, the present Cr. Misc. Application

                     stands dismissed as withdrawn.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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