Patna High Court

Naushad Raien @ Lalu @ Md. Naushad Ali @ Lallu Rain @ Naushad RainversusThe State of Bihar

Decided: 18 March 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court held that the petitioner may withdraw the application and is permitted to file a fresh application.

Summary

Naushad Raien filed an application before the Patna High Court in Criminal Miscellaneous No.16890 of 2026. The petitioner, through counsel Mr. Prabhat Kumar Singh, sought permission to withdraw the said application and to move a fresh application before the lower court, noting that the impugned order had already been challenged in another proceeding (Cr. Misc. No.90266 of 2024). The State, represented by Mr. Jharkhandi Upadhyay, opposed the request. The Court considered the petitioner's request and, after hearing both sides, granted permission to withdraw. Consequently, the Court dismissed the application as withdrawn, allowing the petitioner liberty to file a fresh application.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application and file a fresh application before the lower court.

Subjects

withdrawal of application
criminal miscellaneous proceedings
procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.16890 of 2026
                   Arising Out of PS. Case No.-707 Year-2023 Thana- SASARAM NAGAR District- Rohtas
                  ======================================================
                  Naushad Raien @ Lalu @ Md. Naushad Ali @ Lallu Rain @ Naushad Rain
                  Son of Ahmad Raien @ Md. Ahmad Rayeen Resident of Village- Shahjuma
                  Sherganj, P.S.- Sasaram Town, District- Sasaram     ... ... Petitioner/s
                                                     Versus
                  The State of Bihar                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Prabhat Kumar Singh, Advocate
                  For the Opposite Party/s :      Mr.Jharkhandi Upadhyay, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

2    18-03-2026                  Heard Mr.Prabhat Kumar Singh, learned counsel for

                    the petitioner and Mr.Jharkhandi Upadhyay, 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.90266 of 2024.

                                 3. Permission is accorded.

                                 4. Accordingly, this application stands dismissed as

                    withdrawn with aforesaid liberty.



                                           (Rajesh Kumar Verma, J)
Nitesh/-

U          T

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