Patna High Court

Ganga Mahto @ Gagngo MahtoversusThe State of Bihar

Decided: 9 March 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The High Court may permit the withdrawal of an application and dismiss it as withdrawn.

Summary

Ganga Mahto filed an application before the Patna High Court seeking permission to withdraw the pending application, stating that the impugned order had already been challenged in Criminal Miscellaneous No. 59100 of 2024. The petitioner, represented by Advocate Shubhesh Pandey, argued that a fresh application could be filed in the lower court. The State, represented by Advocate Bhanu Pratap Singh, opposed the withdrawal. Justice Rajesh Kumar Verma considered whether the court could grant liberty to withdraw the application. The court granted the petitioner's request, allowing the withdrawal and permitting a fresh filing. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the High Court may grant permission to withdraw an application pending before it.

Subjects

withdrawal of application
procedural law
criminal miscellaneous
court permission

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.14921 of 2026
                    Arising Out of PS. Case No.-164 Year-2021 Thana- NOWKOTHI GARHPURA District-
                                                          Begusarai
                  ======================================================
                  Ganga Mahto @ Gagngo Mahto S/o Lalo Mahto @ Lalka R/o vill - Pahsara,
                  P.S. Babhanggama, P.S.- Naokothi, Distt.- Begusarai       ... ... Petitioner/s
                                                    Versus
                  The State of Bihar                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Shubhesh Pandey, Advocate
                  For the Opposite Party/s :     Mr. Bhanu Pratap Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

2    09-03-2026                    Heard Mr. Shubhesh Pandey, learned counsel for

                    the petitioner and Mr. Bhanu Pratap Singh, learned A.P.P. for

                    the State.

                                  2. After some argument, learned counsel for the

                    petitioner seeks permission to withdraw this application with

                    liberty to move a fresh application before the learned Court

                    below as the impugned order has already been assailed in Cr.

                    Misc. No. 59100 of 2024.

                                 3. Permission is accorded.

                                 4. Accordingly, this application stands dismissed as

                    withdrawn with the aforesaid liberty.



                                           (Rajesh Kumar Verma, J)
Suruchi/-

U      T

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