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Patna High Court

Lobhi Yadav @ Sri Kant Prasad @ Sri Kant YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court granted permission to withdraw the modification application and dismissed it as withdrawn.

Summary

The petitioner, Lobhi Yadav, filed a modification application in the High Court of Patna. During the pendency of that application, the petitioner was arrested. The petitioner’s counsel subsequently sought the Court’s permission to withdraw the pending modification application. The Court considered the request and, noting the change in circumstances due to the arrest, granted permission to withdraw. Consequently, the modification application was dismissed as withdrawn.

Issues considered

  • Whether the Court may permit the withdrawal of a pending modification application after the petitioner’s arrest

Subjects

  • Criminal Procedure
  • Modification Application
  • Withdrawal of Application
  • Arrest

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11907 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.88598 of 2025
                        Arising Out of PS. Case No.-304 Year-2024 Thana- KAKO District- Jehanabad
                  ======================================================
                  Lobhi Yadav @ Sri Kant Prasad @ Sri Kant Yadav Son of Jhanak Yadav @
                  Janak Yadav Resident of village - Ghuran Bigha, Ps- Kako, Dist- Jehanabad

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Dinkar Kumar, Advocate
                  For the Opposite Party/s :       Mr. Shantanu Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    16-02-2026                     1. Heard learned counsel for the petitioner and

                    learned APP for the State.

                                    2. The learned counsel for the petitioner seeks

                    permission to withdraw the modification application, as

                    petitioner during pendency of the same was arrested.

                                    3. Permission is accorded.

                                    4.     Accordingly,        the      instant      modification

                    application is dismissed as withdrawn.



                                                      (Satyavrat Verma, J)
Rishabh/-

U      T


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