Patna High Court

PAPPU KUMARversusThe State of Bihar

Decided: 13 February 2026
Disposal: WITHDRAWN
Bench: R P MISHRA

Holding

The Court held that a party may be permitted to withdraw a pending modification application, and upon such permission the application is dismissed as withdrawn.

Summary

The petitioner, Pappu Kumar, filed a modification application seeking alteration of an order dated 26-12-2025 in Criminal Miscellaneous No. 80665 of 2025. The petitioner later approached the Court requesting permission to withdraw that modification application. The learned counsel for the petitioner sought the Court's leave to withdraw, and the Court considered whether such withdrawal could be permitted. The Court granted permission to withdraw the pending application. Consequently, the modification application was dismissed as withdrawn.

Issues considered

Whether the Court may grant permission to withdraw a pending modification application

Subjects

modification of order
withdrawal of application
criminal miscellaneous procedure
court permission

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11576 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.80665 of 2025
                          Arising Out of PS. Case No.-307 Year-2025 Thana- Marnga District- Purnia
                  ======================================================
                  PAPPU KUMAR S/o- Surendra Yadav @ Sulendra Yadav R/v- Kamathan
                  Bhairwar, W.No-7, Ps- Lakho Dist- Begusarai

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Pushpendra Kumar Singh, Advocate
                  For the Opposite Party/s :        Mr.Rajiv Nayan, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER

2    13-02-2026                    Learned counsel for the petitioner seeks permission

                    of this Court to withdraw the present modification application

                    filed for modification of order dated 26.12.2025 passed in Cr.

                    Misc. No. 80665 of 2025.

                                 2. Permission is accorded.

                                 3. The modification application is dismissed as

                    withdrawn.



                                          (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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