Patna High Court

Chhotu Kumar Rai @ Sanjiv Kumar RaiversusThe State of Bihar

Decided: 3 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court may, at its discretion, permit a party to withdraw a pending application, and upon such permission the application stands dismissed as withdrawn.

Summary

The petitioners filed a modification application in Criminal Miscellaneous No.21758 of 2026 arising out of PS. Case No.-70 Year-2021. They later approached the court seeking permission to withdraw that application. The learned counsel for the petitioners requested the court’s leave to withdraw, and the State’s counsel was heard. Justice Satyavrat Verma exercised the court’s inherent jurisdiction to allow the withdrawal and ordered that the modification application be dismissed as withdrawn. Consequently, the pending application was terminated without any further adjudication on its merits.

Issues considered

Whether the court may grant permission to the petitioners to withdraw their pending modification application

Subjects

withdrawal of application
modification application
court discretion
criminal miscellaneous proceedings

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.21758 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.79681 of 2025
                         Arising Out of PS. Case No.-70 Year-2021 Thana- MANIHARI District- Katihar
                   ======================================================
              1.    Chhotu Kumar Rai @ Sanjiv Kumar Rai S/o- Shankar Rai R/v- High School
                    Tola, Manihari, PS- Manihari, Distt- Katihar
              2.   Raja Singh @ Raj Ranjan Singh S/o- Nikhil Singh @ Sunil Singh R/v- High
                   School Tola, Manihari, PS- Manihari, Distt- Katihar
              3.   Vicky Rai @ Avinash Kumar Rai S/o- Shankar Rai R/v- High School Tola,
                   Manihari, PS- Manihari, Distt- Katihar
              4.   Rahul Rai @ Rahul Kumar Rai S/o- Dukhu Rai @ Rajendra Rai R/v- High
                   School Tola, Manihari, PS- Manihari, Distt- Katihar
              5.    Manish Rai @ Manish Kumar S/o- Prakash Rai R/v- High School Tola,
                    Manihari, PS- Manihari, Distt- Katihar
                                                                        ... ... Petitioner/s
                                                      Versus
                   The State of Bihar
                                                                 ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr.Sanjeev Kumar Singh
                   For the Opposite Party/s :        Mr.Anand Kishore Choudhary
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                         ORAL ORDER

2    03-04-2026                1.    Heard learned counsel for the petitioners and

                     learned APP for the State.

                               2.    Learned counsel for the petitioners, at the outset,

                     seeks permission to withdraw the modification application.

                               3.    Permission is accorded.

                               4.    Accordingly,        the    modification        application       is

                     dismissed as withdrawn.



                                                (Satyavrat Verma, J)
Sumit/-

U         T

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