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Patna High Court

LAKSHMI KUMARI @ LAKSHMI DEVIversusTHE STATE OF BIHAR

Decided
Disposal
WITHDRAWN

Holding

The Court may grant permission to withdraw the application and dismiss it without addressing the merits.

Summary

Lakshmi Kumari and other family members filed a criminal miscellaneous application before the Patna High Court against the State of Bihar and Sudama Sah. The petitioners, through counsel Mr. Surendra Kumar Singh, sought permission to withdraw the application. The Court, after hearing, granted the request and dismissed the application as withdrawn, expressly stating that it had not expressed any opinion on the merits. No substantive issues were adjudicated. The order was pronounced by Justice Praveen Kumar on 17‑04‑2026.

Issues considered

  • Were the petitioners entitled to withdraw their pending criminal miscellaneous application and did the Court have authority to permit such withdrawal?

Subjects

  • withdrawal of application
  • criminal miscellaneous proceedings
  • procedural order
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17152 of 2024
                 Arising Out of PS. Case No.-793 Year-2023 Thana- BUXAR COMPLAINT CASE District-
                                                         Buxar
                 ======================================================
           1.     Lakshmi Kumari @ Lakshmi Devi Wife Of Vikrant Sah @ Vikram Sah,
                  Daughter Or Radhkishun Sah @ Radha Krishna Sah Resident Of Village -
                  Badka Singhanpura, P.S. - Simri, District - Buxar, Presently Residing At
                  Village - Basudhar, P.S. - Itarhi, District - Buxar
           2.    Radhakishun Sah @ Radha Krishna Sah Son Of Late Sahadev Sah Resident
                 Of Basudhar, P.S. - Itarhi, District - Buxar
           3.    Mantu Sah @ Amarnath Sah Son Of Radhakishun Sah @ Radha Krishna
                 Sah Resident Of Basudhar, P.S. - Itarhi, District - Buxar
           4.    Triloki Sah Son Of Radhakishun Sah @ Radha Krishna Sah Resident Of
                 Basudhar, P.S. - Itarhi, District - Buxar
           5.    Om Prakash Sah @ Om Baby Son Of Radhakishun Sah @ Radha Krishna
                 Sah Resident Of Basudhar, P.S. - Itarhi, District - Buxar

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Sudama Sah So Nof Ramlal Sah Resident Of Badka Sihanpura, P.S. - Simri,
                 District - Buxar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Surendra Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   17-04-2026                  Heard the parties.

                                2. At the very outset, Mr. Surendra Kumar Singh, the

                   learned counsel for the petitioners seeks permission to withdraw

                   this application.

                                3. Permission is accorded.

                                4. Accordingly, the present application is dismissed as

                   withdrawn.
              Patna High Court CR. MISC. No.17152 of 2024(3) dt.17-04-2026
                                                          2/2




                                     5. It is clarified that this Court has not expressed any

                        opinion on the merits of the case.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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