Patna High Court

Lalit KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: WITHDRAWN
Bench: ANSHUMAN

Holding

The Court granted permission to withdraw the criminal miscellaneous application and dismissed it as withdrawn.

Summary

The petitioner, Lalit Kumar of Sitamarhi, was arrested and filed a criminal miscellaneous application before the Patna High Court. He later moved that the application be withdrawn as it had become infructuous following his arrest. The learned counsel for the petitioner sought permission to withdraw, while the State’s APP opposed the request. The Court, after hearing both parties, granted permission to withdraw the application. Consequently, the criminal miscellaneous application was dismissed as withdrawn.

Issues considered

Whether a criminal miscellaneous application can be withdrawn after the petitioner’s arrest
Whether the application becomes infructuous and may be dismissed on the petitioner’s request

Subjects

criminal procedure
withdrawal of application
infructuous
high court
miscellaneous application

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.15894 of 2026
                      Arising Out of PS. Case No.-37 Year-2026 Thana- SITAMARHI District- Sitamarhi
                  ======================================================
                  Lalit Kumar son of Ganga Ram Singh Resident of Village - Bhasar ,
                  Machachhahan, ward no-03 , Ps and District -Sitamarhi

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Devendra Kumar, Adv.
                  For the Opposite Party/s :       Mr.Nitya Nand Tiwary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

2    25-03-2026                      Heard Learned Counsel for the petitioner and

                    Learned APP for the State.

                                 2. Learned Counsel for the petitioner submits that the

                    petitioner has been arrested. Therefore, he seeks permission to

                    withdraw the present criminal miscellaneous application as

                    having become infructuous.

                                 3. Permission is granted.

                                 4. Accordingly, the present criminal miscellaneous

                    application is hereby dismissed as withdrawn.



                                                          (Dr. Anshuman, J)
Prakashmani/-

U

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