Patna High Court

Dharmdeo RamversusThe State of Bihar

Decided: 10 April 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The court may allow withdrawal of an application when the petitioner requests it.

Summary

The petitioners, Dharmdeo Ram and others, filed an application before the Patna High Court. Their counsel later learned that a similar application had been filed a month earlier and was pending due to defects. The petitioners sought to withdraw their current application upon this discovery. The court considered the request and, recognizing the petitioners' right to withdraw, permitted the withdrawal. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the court may permit withdrawal of an application upon the petitioner's request

Subjects

withdrawal of application
court discretion
civil procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23281 of 2026
                  Arising Out of PS. Case No.-246 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                  ======================================================
            1.     Dharmdeo Ram son of Late Lagan Ram Resident of Village- sripur Nawada,
                   Ps- Pakridayal District -East Champaran Bihar
            2.    Suman Ram Son of Late Lagan Ram Resident of Village- sripur Nawada,
                  Ps- Pakridayal District -East Champaran Bihar
            3.    Kamli Devi @ Kamal Devi Wife of Dharmdeo Ram Resident of Village-
                  sripur Nawada, Ps- Pakridayal District -East Champaran Bihar
            4.     Pramila Devi wife of Suman Ram Resident of Village- sripur Nawada, Ps-
                   Pakridayal District -East Champaran Bihar
                                                                            ... ... Petitioners.
                                                     Versus
                  The State of Bihar .                               ... ... Opposite Party.
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Sanjay Kumar Tiwari, Advocate
                  For the Opposite Party/s :       Mrs. Suman Kumari Singh, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    10-04-2026                     Mr. Sanjay Kumar Tiwari, learned counsel for the

                    petitioners, prays to withdraw the present application as he got

                    knowledge of the fact that one month earlier another application

                    had already been filed but the same was lying for the defect (s)

                    and he had no knowledge of the same.

                                 2. In view of the aforesaid, learned counsel for the

                    petitioners is permitted to withdraw the present application.

                    Accordingly, this application is dismissed as withdrawn.


                                               (Soni Shrivastava, J)

Trivedi/-
U       T

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