Patna High Court
Shiv Ram BhagatversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that there is no occasion to modify the order dated 25 June 2024.
Summary
The petitioner, Shiv Ram Bhagat, filed a petition seeking modification of an earlier order dated 25 June 2024, which had permitted the withdrawal of his earlier petition and dismissed the application as withdrawn. The petitioner argued for a change to that order, while the State, represented by an Additional Public Prosecutor, opposed the modification. The court examined the request and found no substantive reason or occasion to alter the prior order. It noted that the petitioner could file a fresh quashing petition if desired. Consequently, the court dismissed the modification petition, leaving the original order intact.
Issues considered
- Whether the order dated 25 June 2024 granting permission to withdraw the petition and dismissing the application as withdrawn should be modified
Subjects
- modification petition
- withdrawal of petition
- criminal miscellaneous
- high court order
- procedural relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2575 of 2026
In
CRIMINAL MISCELLANEOUS No.55234 of 2016
Arising Out of PS. Case No.-25 Year-2015 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Shiv Ram Bhagat S/o Fauzdar Bhagat R/o vill - Dhabauli, P.S.- Muffasil
(Lakho), Distt.- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Kamali Bhagat S/o Late Jhuni Bhagat R/o vill - Dhabauli, P.S.- Muffasil,
Distt.- Begusarai.
3. Binod Bhagat S/o Kamli Bhagat R/o vill - Dhabauli, P.S.- Muffasil, Distt.-
Begusarai.
4. Sri Ram Bhagat S/o Kamali Bhagat R/o vill - Dhabauli, P.S.- Muffasil,
Distt.- Begusarai.
5. Parshuram Sharma S/o Late Ramjee Sharma R/o vill - Dhabauli, P.S.-
Muffasil, Distt.- Begusarai.
6. Yugal Rajak S/o Chano Rajak R/o vill - Dhabauli, P.S.- Muffasil, Distt.-
Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Bhusan Poddar, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 05-02-2026 Heard learned counsel appearing for the parties.
2. The present petition preferred to modify the
order dated 25.06.2024 (Annexure-1) as passed by this
Court in Cr. Misc. No. 55234/2016, which is as under:-
“Heard learned counsel for the
petitioner and Mr. Nawal Kishore Prasad, learned
A.P.P. for the State.
2. After short argument, learned
counsel for the petitioner seeks permission to
Patna High Court CR. MISC. No.2575 of 2026(2) dt.05-02-2026
2/2
withdraw this petition.
3. Permission is granted.
4. This application is dismissed as
withdrawn.”
3. This Court finds no occasion to modify the aforesaid
order. However, petitioner may file fresh quashing petition, if
so advised.
4. Accordingly, the modification petition stands
dismissed.
(Chandra Shekhar Jha, J)
veena/-
U T
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