Patna High Court

MD. ISRAILversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court may grant permission to withdraw an application and did so, without expressing any view on the merits.

Summary

The petitioners, namely Md. Israil, Jamila Khatoon, Anwar Hussain and Saiful Khatoon, filed an application in Criminal Miscellaneous No.12529 of 2024 arising from PS case No.19 of 2020 in Sheohar. They later approached the Patna High Court seeking the court’s permission to withdraw that application. The learned counsel for the petitioners submitted a request for withdrawal on 16‑03‑2026. The bench, consisting of Justice Praveen Kumar, considered whether the court could entertain a request to withdraw a pending application. Finding no impediment, the court granted the petitioners’ request and ordered the application to be disposed of as withdrawn. The judgment expressly noted that the court did not express any opinion on the merits of the underlying case. Consequently, the proceedings were terminated without a substantive adjudication on the issues raised.

Issues considered

Whether the court may grant permission to withdraw an application in a criminal miscellaneous proceeding

Subjects

withdrawal of application
criminal miscellaneous proceedings
court discretion
procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.12529 of 2024
                    Arising Out of PS. Case No.-19 Year-2020 Thana- HIRAMMA P.S. District- Sheohar
                 ======================================================
           1.     MD. ISRAIL SON OF LATE NATHUNI MIAN R/O-ROOPWARA, P.O.-
                  MADHOPUR CHHATA, P.S.-HIRMMA, DISTT.-SHEOHAR
           2.    JAMILA KHATOON WIFE OF MD. ISRAIL R/O-ROOPWARA, P.O.-
                 MADHOPUR CHHATA, P.S.-HIRMMA, DISTT.-SHEOHAR
           3.    ANWAR HUSSAIN SON OF LATE NATHUNI MIYAN R/O-
                 ROOPWARA, P.O.-MADHOPUR CHHATA, P.S.-HIRMMA, DISTT.-
                 SHEOHAR
           4.     SAIFUL KHATOON @ RAFUL KHATOON WIFE OF ANSWAR
                  HUSSAIN R/O-ROOPWARA, P.O.-MADHOPUR CHHATA, P.S.-
                  HIRMMA, DISTT.-SHEOHAR
                                                                ... ... Petitioners
                                          Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners    :         Mr. Hans Lal Kumar, Advocate
                 For the Opposite Party :         Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   16-03-2026                    Learned counsel for the petitioners seeks permission

                   to withdraw this application.

                               2. Permission is granted.

                               3. This application is disposed of as withdrawn.

                               4. It is made clear that this court has not expressed

                   any opinion on the merits of the case.



                                             (Praveen Kumar, J)
Pawan/-

U     T

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