Patna High Court

Avinash Kumar @ Avinash Paswan @ Avinash Kumar PaswanversusThe State of Bihar

Decided: 13 March 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The court granted permission to withdraw the application, dismissing it as infructuous.

Summary

The petitioners, Avinash Kumar and Mantosh Kumar, surrendered before the lower court during the pendency of their criminal miscellaneous application. They filed a request before the Patna High Court seeking permission to withdraw the application. The learned counsel for the petitioners argued that the surrender rendered the application infructuous. The court examined whether the petitioners could be allowed to withdraw the pending application. Finding that the surrender indeed made the application moot, the court granted permission to withdraw. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the petitioners may be permitted to withdraw the pending criminal miscellaneous application after surrendering before the lower court?

Subjects

withdrawal of application
surrender
infructuous
criminal miscellaneous
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1363 of 2026
                     Arising Out of PS. Case No.-174 Year-2025 Thana- MOHANPUR District- Samastipur
                  ======================================================
            1.     Avinash Kumar @ Avinash Paswan @ Avinash Kumar Paswan S/o Bhikhari
                   Paswan Resident of village - Baghra, Police Station- Mohanpur, District -
                   Samastipur.
            2.    Mantosh Kumar @ Mantosh Paswan S/o Munshi Paswan Resident of village
                  - Baghra, Police Station- Mohanpur, District - Samastipur.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Pramod Kumar Singh
                  For the Opposite Party/s :       Mr.Shailendra Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    13-03-2026                  Heard the learned counsel for the petitioners and the

                    learned counsel for the State.

                                 2. The learned counsel for the petitioners submits that

                    during the pendency of this application, the petitioners have

                    surrendered before the Court below, therefore, he seeks

                    permission to withdraw this application.

                                 3. Permission as prayed is granted.

                                 4. Accordingly, this application is dismissed as

                    withdrawn as having become infructuous.



                                                      (Sandeep Kumar, J)
Shishir/-
U

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