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Patna High Court

Arman Ansari @ Md. Arman AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the petitioner to withdraw the application, disposing of it without expressing any opinion on the merits.

Summary

Petitioner Arman Ansari filed an application in a criminal miscellaneous proceeding arising from a 2020 case. The petitioner’s counsel requested to withdraw the application, citing the passage of time and intending to raise the matters at a later stage of the trial. The court granted the request, allowing the withdrawal with liberty to raise the same points later. No merits of the underlying criminal case were addressed. The application was therefore disposed of as withdrawn.

Issues considered

  • What is the court's authority to permit withdrawal of a pending application in a criminal miscellaneous proceeding?

Subjects

  • withdrawal of application
  • criminal miscellaneous procedure
  • procedural liberty
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18576 of 2025
                      Arising Out of PS. Case No.-360 Year-2020 Thana- SHIVSAGAR District- Rohtas
                 ======================================================
                 Arman Ansari @ Md. Arman Ansari S/O Late Md. Umar Faruk Ansari @
                 Umar Ansari R/O Village- Biar Bandh, P.S- Sheosagar, Distt.- Rohtas.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Inush Anasari S/O Dost Mohammaed Ansari R/O Village- Biar Bandh, P.S-
                 Sheosagar, Distt.- Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, APP
                 For Opposite Party No.2 :        Mr. Raghunandan Kumar Singh, Advocate
                                                  Mr. Harendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   24-03-2026                  Heard learned counsel for the petitioner, learned

                   counsel for Opposite Party No.2 and learned APP for the State.

                                2. Learned counsel for the petitioner fairly submits

                   that by efflux of time the stage of the case has changed and as

                   such he intends to withdraw this application with a liberty to

                   raise all the points available to him and and also the grounds

                   pleaded in this application at the appropriate stage during the

                   trial.

                                3. Prayer is allowed.

                                4. Accordingly, this application is disposed of as

                   withdrawn with the liberty aforesaid.

                                5. It is made clear that this Court has not expressed
           Patna High Court CR. MISC. No.18576 of 2025(2) dt.24-03-2026
                                                       2/2




                     any opinion on the merits of this case.



                                                (Praveen Kumar, J)
shivam/-

U      T


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