Patna High Court

Ahamadullah @ Ahamadulah @ ManuarversusThe state of Bihar

Decided: 7 April 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The court permitted the withdrawal of the application and dismissed it as withdrawn.

Summary

The petitioner, Ahamadullah, filed an application in the Patna High Court challenging an order. He sought permission to withdraw that application and to file a fresh one before the lower court, noting that the order had already been contested in Criminal Miscellaneous No. 7470 of 2025. The State, represented by an Assistant Public Prosecutor, opposed the request. After hearing both sides, Justice Rajesh Kumar Verma granted the petitioner's request. The court ordered that the present application stand dismissed as withdrawn, allowing the petitioner to pursue a fresh application.

Issues considered

Whether the petitioner may be granted permission to withdraw the pending application and file a fresh one before the lower court.

Subjects

withdrawal of application
criminal miscellaneous proceedings
procedural law
court permission

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.22603 of 2026
                       Arising Out of PS. Case No.-11 Year-2024 Thana- LADANIA District- Madhubani
                  ======================================================
                  Ahamadullah @ Ahamadulah @ Manuar S/O Late Jamiruddin R/O Vill.-
                  Malda, Sujapur, P.S- Kaliachak,, Malda, District - West Bengal
                                                                                ... ... Petitioner/s
                                                    Versus
                  The state of Bihar                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Jitendra Kumar Bharti, Advocate
                  For the Opposite Party/s :       Ms. Nirmala Kumari, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

2    07-04-2026                  Heard Mr. Jitendra Kumar Bharti, learned counsel for

                    the petitioner and Ms. Nirmala Kumari, 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. 7470 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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