Patna High Court

UMA SHANKAR PRASAD SHANI @ UMA SHANKAR SHANIversusTHE STATE OF BIHAR

Decided: 5 February 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

The court granted permission to withdraw the application, resulting in its dismissal as withdrawn.

Summary

The petitioners, a group of relatives, filed an application in a criminal miscellaneous proceeding. During the hearing, counsel for the petitioners informed the court that the trial had progressed and evidence was being taken, and they wished to withdraw the application. The court granted permission to withdraw. Consequently, the application was dismissed as withdrawn. No substantive issues on the merits were addressed.

Issues considered

Whether the court may grant permission to withdraw a pending application in a criminal miscellaneous proceeding

Subjects

procedural law
withdrawal of application
criminal miscellaneous proceeding
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23806 of 2024
                      Arising Out of PS. Case No.-313 Year-2020 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
           1.     Uma Shankar Prasad Shani @ Uma Shankar Shani S/O Late Khub Lal Shani
                  R/O Village And P.S- Sahebganj, Distt.- Muzaffarpur.
           2.    Rahul Kumar S/O Uma Shankar Shani R/O Village And P.S- Sahebganj,
                 Distt.- Muzaffarpur.
           3.    Rohit Kumar S/O Uma Shankar Shani R/O Village And P.S- Sahebganj,
                 Distt.- Muzaffarpur.
           4.    Raushan Kumar @ Raushan Raj S/O Mukesh Shani R/O Village And P.S-
                 Sahebganj, Distt.- Muzaffarpur.
           5.    Sumita Devi W/O Uma Shankar Shani R/O Village And P.S- Sahebganj,
                 Distt.- Muzaffarpur.
           6.    Jyoti Kumar @ Pooja Kumari D/O Uma Shankar Shani R/O Village And
                 P.S- Sahebganj, Distt.- Muzaffarpur.
           7.    Chanchal Kumari D/O Uma Shankar Shani R/O Village And P.S- Sahebganj,
                 Distt.- Muzaffarpur.
           8.    Rahul Kumar Shani S/O Raju Shani R/O Village And P.S- Sahebganj, Distt.-
                 Muzaffarpur.
           9.    Sugandhi Devi @ Chandrawati Devi W/O Jaimangal Shani R/O Husepur,
                 Distt.- Muzaffarpur.
           10. Mamta Devi @ Mamta Kumari D/O Uma Shankar Shani R/O Village And
               P.S- Sahebganj, Distt.- Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar Bihar
           2.    Manu Kumar Shani S/O Kailash Shani R/O Village- Muri, P.S- Govindganj,
                 Distt.- P. Champaran (motihari).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar, Adv.
                                                  Mr.Suraj Narain Yadav, Adv.
                 For the Opposite Party/s :       Mr. Vijary Shankar Shrivastava, Adv.
                 For the State            :       Ms.Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   05-02-2026                     Heard Mr. Anuj Kumar, learned counsel appearing

                   on behalf of the petitioners, learned counsel for the O.P. No. 2
           Patna High Court CR. MISC. No.23806 of 2024(3) dt.05-02-2026
                                                       2/2




                     and learned A.P.P. for the State.

                                  2. Learned counsel for the petitioners submits that the

                     stage of the trial has changed and the evidence has started.

                     Learned counsel for the petitiones seek permission to withdraw

                     this application.

                                  3. Permission is accorded.

                                  4. Accordingly, the present application stands

                     dismissed as withdrawn.



                                              (Sourendra Pandey, J)
Gautam/-

U     T

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