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Patna High Court

Sushil kumar @ Sushil Kumar MahtoversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court granted permission to withdraw the application, dismissing it as withdrawn.

Summary

The petitioner, Sushil Kumar Mahto, filed an application seeking permission to withdraw the same and to file a fresh application before the lower court, as the impugned order was already challenged in another proceeding. The learned counsel for the State opposed the request. The Court, after hearing both sides, granted permission to withdraw the application and allowed the petitioner liberty to move a fresh application. Consequently, the application was dismissed as withdrawn. No substantive merits of the original dispute were addressed.

Issues considered

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

Subjects

  • withdrawal of application
  • procedural order
  • criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1931 of 2026
                         Arising Out of PS. Case No.-64 Year-2024 Thana- AMNAUR District- Saran
                  ======================================================
                  Sushil kumar @ Sushil Kumar Mahto Son of Manohar Mahto R/o Village -
                  Husepur, P.S. and P.O. - Amnour, Dist. - Saran at Chapra.
                                                                                ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Praveen Ranjan, Advocate
                  For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

2    20-01-2026                     Heard Mr. Praveen Ranjan, learned counsel for the

                    petitioner and Mr. Ram Naresh Ray, 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. 23037 of 2025.

                                 3. Permission is accorded.

                                 4. Accordingly, this application stands dismissed as

                    withdrawn with the aforesaid liberty.



                                           (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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