Patna High Court

Dilip YadavversusThe State of Bihar

Decided: 21 April 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The court permitted the withdrawal of the application and dismissed it as withdrawn.

Summary

The petitioner, Dilip Yadav, filed an application before the Patna High Court seeking to withdraw the pending application, stating that the impugned order had already been challenged in Criminal Miscellaneous No.33954 of 2025. The petitioner, through counsel Mr. Bimal Kumar, requested liberty to file a fresh application before the lower court. The State, represented by Mr. Madan Kumar, opposed the withdrawal. The court considered whether permission could be granted to withdraw the application. After hearing both sides, the court allowed the withdrawal and dismissed the application as withdrawn, granting the petitioner liberty to move a fresh application.

Issues considered

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

Subjects

withdrawal of application
criminal procedure
high court order
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.26585 of 2026
                         Arising Out of PS. Case No.-354 Year-2024 Thana- KORHA District- Katihar
                  ======================================================
                  Dilip Yadav S/o Madho Yadav Resident of Village - Kothi Tola Pawai, Ward
                  No. 13, P.S.- Korha, District - Katihar.

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

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

2    21-04-2026                     Heard Mr.Bimal Kumar, learned counsel for the

                    petitioner and Mr.Madan Kumar, learned A.P.P. for the State.

                                 2. After some argument, learned counsel for the

                    petitioner seeks permission to withdraw this application with

                    liberty to move a fresh application before the learned court

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

                    Misc. No.33954 of 2025.

                                 3. Permission is accorded.

                                 4. Accordingly, this application stands dismissed as

                    withdrawn with aforesaid liberty.



                                           (Rajesh Kumar Verma, J)
Nitesh/-
U        T

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