Patna High Court

Bashisth Singh Kushwaha @ Bashisth SinghversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court held that the petitioner’s request to withdraw the application is allowed.

Summary

The petitioner, Bashisth Singh Kushwaha, filed an application in the High Court of Patna seeking permission to withdraw that application while reserving the right to raise all points at a later stage. The State of Bihar opposed the request. The petitioner’s counsel, Mr. Shiv Prasad Gupta, specifically asked the court to allow the withdrawal. The court examined the procedural propriety of such a withdrawal and, without delving into the substantive merits of the underlying criminal case, granted the petitioner's request. Consequently, the application was disposed of as withdrawn, and the court expressly stated that no opinion on the merits was expressed.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application and retain the liberty to raise all points at a later stage

Subjects

withdrawal of application
procedural discretion
criminal miscellaneous proceedings
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2113 of 2025
                      Arising Out of PS. Case No.-241 Year-2022 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Bashisth Singh Kushwaha @ Bashisth Singh S/o Late Amika Singh @ Late
                 Ambika Prasad Singh R/o vill - Dharahra, P.S.- Krishna Braham, Distt.-
                 Buxar
                                                                           ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shiv Prasad Gupta
                 For the Opposite Party/s :       Mr.Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   13-03-2026                  Learned counsel for the petitioner seeks permission to

                   withdraw this application with liberty to raise all the points at

                   appropriate stage.

                                2. Permission is granted.

                                3. This application is disposed of as withdrawn with

                   the liberty aforesaid.

                                4. It is made clear that this court has not expressed

                   any opinion on the merits of the case.



                                              (Praveen Kumar, J)
Pawan/-

U     T

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