Patna High Court
Om Prakash Singh @ BantiversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioners may be permitted to withdraw the application, and the application is dismissed as withdrawn.
Summary
The petitioners, Om Prakash Singh and Sahil Kumar, filed an application before the Patna High Court seeking relief. After hearing, they requested permission to withdraw the application, stating that the impugned order had already been challenged in Criminal Miscellaneous No. 23867 of 2025. The State, represented by an A.P.P., opposed the withdrawal. The Court considered whether the petitioners could be allowed to withdraw their application and file a fresh one before the lower court. The Court granted permission to withdraw, dismissing the present application as withdrawn, thereby allowing the petitioners to pursue fresh proceedings.
Issues considered
- Whether the petitioners may be permitted to withdraw the application and move a fresh application before the lower court
Subjects
- withdrawal of application
- criminal miscellaneous proceedings
- procedural law
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.278 of 2026
Arising Out of PS. Case No.-284 Year-2024 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
1. Om Prakash Singh @ Banti Son of Siyaram Singh @ Sukhlu singh Resident
of Village -Hemanpur PS -Mohiuddin Nagar, Dist- Samastpur
2. Sahil Kumar son of Raghunath Sahni Resident of Village -Hemanpur PS
-Mohiuddin Nagar, Dist- Samastpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tapeshwar Prasad Singh Son of Late Lalkishun Singh Resident of Village
-Hemanpur PS -Mohiuddin Nagar, Dist- Samastpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
For the Informant : Mr. Vishal Vikram Rana, Advocate
: Mr. Misha Bharti, Advocate
: Mr. Aksh Priye, Advocate
: Mr. Anurag Darshi, Advocate
: Mr. Kumar Saurav Dev, Advocate
: Mr. Utkarsh Vikram Rana, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 10-04-2026 Heard Mr. Amit Kumar, learned counsel for the
petitioners, Mr. Chandra Sen Prasad Singh, learned A.P.P. for
the State and Mr. Vishal Vikram Rana, learned counsel for the
Informant.
2. After some argument, learned counsel for the
petitioners seek 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. 23867 of 2025.
Patna High Court CR. MISC. No.278 of 2026(5) dt.10-04-2026
2/2
3. Permission is accorded.
4. Accordingly, this application stands dismissed as
withdrawn with the aforesaid liberty.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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