Patna High Court

ASHOK YADAV @ ASHOK KUMARversusThe State of Bihar

Decided: 22 January 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The Court granted permission to withdraw the application and dismissed it as withdrawn.

Summary

The petitioners, a group of five individuals, filed an application before the Patna High Court. They later approached the Court seeking permission to withdraw that application, stating it had become infructuous. The State of Bihar, represented by an Additional Public Prosecutor, opposed the withdrawal. The learned counsel for the petitioners argued that there was no prejudice in allowing the withdrawal. The Court, after hearing both sides, granted the petitioners' request, permitting the withdrawal and dismissing the application as withdrawn.

Issues considered

Whether the Court may grant permission to withdraw the pending application

Subjects

withdrawal of application
procedural dismissal
court permission

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25651 of 2023
                       Arising Out of PS. Case No.-254 Year-2022 Thana- MALSALAMI District- Patna
                  ======================================================
            1.     ASHOK YADAV @ ASHOK KUMAR Son of Vindeshwar Rai R/V-
                   Rikabganj, PS- Malsalami, Dist- Patna
            2.    Vishal Rai @ Vishal Kumar Son of Munakka Rai @ Ajay Kumar Singh R/V-
                  Rikabganj, PS- Malsalami, Dist- Patna
            3.    Devendar Rai @ Devendar Singh Son of Ishwardhari Rai R/V- Rikabganj,
                  PS- Malsalami, Dist- Patna
            4.    Kanchan Kumar Son of Devendar Rai @ Devendar Singh R/V- Rikabganj,
                  PS- Malsalami, Dist- Patna
            5.    Sumit Kumar son of Munakka Rai @ Ajay Kumar R/V- Rikabganj, PS-
                  Malsalami, Dist- Patna
                                                                  ... ... Petitioner/s
                                              Versus
            1.    The State of Bihar
            2.     Ajit Kumar son of Wakil Rai R/V- Rikabganj, PS- Malsalami, Dist- Patna
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Jitendra Narain Sinha, Advocate
                  For the Opposite Party/s :       Mr. Md. Fahimuddin, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER
5    22-01-2026                    Heard Mr. Jitendra Narain Sinha, learned counsel

                    for the petitioners and Mr. Md. Fahimuddin, learned APP for the

                    State.

                                 2. Mr. Jitrendra Narain Sinha, learned counsel for the

                    petitioners seeks permission to withdraw this application as the

                    same has become infructuous.

                                 3. Permission is accorded.

                                 4. Accordingly, this application is dismissed as

                    withdrawn.


                                               (Soni Shrivastava, J)
anand/-
U       T

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