Patna High Court

Kamal MandalversusThe state of Bihar

Decided: 10 April 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court held that the petitioner may withdraw the present application and is at liberty to file a fresh application before the lower court.

Summary

The petitioner, Kamal Mandal, filed an application in Criminal Miscellaneous No.23348 of 2026 seeking permission to withdraw the application and to file a fresh one before the lower court, as the impugned order had already been challenged in another criminal miscellaneous case (No.20882 of 2025). The learned counsel for the petitioner argued that continuation of the present application was unnecessary. The court considered whether it could grant liberty to withdraw the application. After hearing both sides, the court permitted the withdrawal and granted liberty to file a fresh application. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the present application and file a fresh application before the lower court.

Subjects

withdrawal of application
criminal miscellaneous
fresh application
court permission
high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.23348 of 2026
                       Arising Out of PS. Case No.-297 Year-2022 Thana- KUDHNI District- Muzaffarpur
                   ======================================================
                   Kamal Mandal Son Of Bachelal Mandal R/O Vill.- Bankanpur (Bakarpur)
                   P.S- Kudhani, O.p- Turki, Dist- Muzaffarpur

                                                                                     ... ... Petitioner/s
                                                         Versus
                   The state of Bihar

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Priyesh Kumar, Advocate
                   For the Opposite Party/s :       Mr. Abhay Kumar, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

2     10-04-2026                     Heard Mr. Priyesh Kumar, learned counsel for the

                     petitioner and Mr. Abhay Kumar, learned APP for the State.

                                     2. After some argument, learned counsel for the

                     petitioner seeks permission to withdraw this application with

                     liberty to file a fresh application before the learned Court below

                     as the impugned order has already been assailed in Cr. Misc.

                     No. 20882 of 2025.

                                        3. Permission is accorded.

                                        4. Accordingly, this application stands dismissed as

                     withdrawn with the aforesaid liberty.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

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