Patna High Court

Munna PasiversusThe State of Bihar

Decided: 3 April 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

A petitioner may withdraw a pending criminal application upon request, and the court may grant permission to do so.

Summary

Munna Pasi, a resident of Gopalganj, filed an application before the Patna High Court in Criminal Miscellaneous No.18036 of 2026 arising from PS case No.308 of 2025. During the pendency of that application, his counsel sought permission to withdraw it, stating that the petitioner had already been apprehended by the police. The Court examined whether a petitioner is entitled to withdraw a pending criminal application. It held that a petitioner may withdraw a pending application upon his request, provided the withdrawal is voluntary and does not prejudice public interest. Accordingly, the Court granted permission and dismissed the application as withdrawn. No further orders were made.

Issues considered

Whether the petitioner may be permitted to withdraw a pending criminal application after being apprehended by police

Subjects

withdrawal of application
criminal procedure
high court order
petitioner's right to withdraw

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.18036 of 2026
                    Arising Out of PS. Case No.-308 Year-2025 Thana- MANJHAGARH District- Gopalganj
                  ======================================================
                  Munna Pasi Son of Late Chhotelal Pasi Resident of Village- Purani Bazar
                  (Sheikha Toli), P.S.- Manjhagarh, District- Gopalganj

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Lokesh Kumar Singh, Advocate
                  For the Opposite Party/s :      Mr. Nand Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    03-04-2026                  At the very outset, Mr. Lokesh Kumar Singh, learned

                    counsel for the petitioner, seeks permission to withdraw this

                    application submitting that during pendency of this application,

                    the petitioner has already been apprehended by the police.

                                 2. Permission is accorded.

                                 3. Accordingly, this application is dismissed as

                    withdrawn.


                                               (Soni Shrivastava, J)

Trivedi/-

U       T

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