Patna High Court

Prem SahaniversusThe State of Bihar

Decided: 17 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court held that the petitioner may withdraw the modification application and dismissed it as withdrawn.

Summary

The petitioner, Prem Sahani, filed a criminal miscellaneous application seeking a modification in the proceedings arising from PS case No.306 of 2021. During the hearing, the petitioner’s counsel requested permission to withdraw the modification application. The court considered the request and, finding no objection or prejudice to the State, granted permission to withdraw. Consequently, the modification application was dismissed as withdrawn. No substantive merits of the original application were adjudicated, and the matter was closed with the withdrawal.

Issues considered

Whether the petitioner is entitled to withdraw the modification application?

Subjects

Criminal Procedure
Withdrawal of Application
Modification Application
Dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25849 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.72043 of 2025
                    Arising Out of PS. Case No.-306 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Sheohar
                  ======================================================
                  Prem Sahani S/O Ramchandra Sahni R/O village - Belwa Narkatiya, P. S -
                  Piprahi, District - Sheohar

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Devendra Kumar, Advocate
                  For the Opposite Party/s :     Mr. Khurshid Anwar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    17-04-2026                     1. Heard learned counsel for the petitioner and

                    learned APP for the State.

                                    2. The learned counsel for the petitioner, at the

                    outset, seeks permission to withdraw the modification

                    application.

                                    3. Permission is accorded.

                                    4.     Accordingly,     the    instant       modification

                    application is dismissed as withdrawn.



                                                       (Satyavrat Verma, J)
Rishabh/-

U      T

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