Patna High Court
Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as withdrawn because the petitioner had already been convicted.
Summary
The petitioner, Aftab Alam, is in custody for offences under Sections 414, 420, 467, 471, 34 of the Indian Penal Code and Sections 20, 22, 25, 29 of the NDPS Act arising from a case lodged on 13-12-2020. He approached the Patna High Court seeking to withdraw his petition, stating that he has already been convicted. The learned counsel for the State opposed the withdrawal. The Court examined whether a petition can be withdrawn after a conviction has been recorded. It held that the petition could be treated as withdrawn in view of the conviction. Consequently, the petition was dismissed as withdrawn.
Issues considered
- Whether a petition filed by a convicted person can be withdrawn after conviction
Legislation cited
- Indian Penal Code — s. 34, 414, 420, 467, 471
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22, 25, 29
Subjects
- withdrawal of petition
- conviction
- criminal procedure
- IPC
- NDPS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27899 of 2025
Arising Out of PS. Case No.-480 Year-2020 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Aftab Alam Son of Shaikh Murtuza Resident of Village - Bela, P.S.-
Ramgadhawa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmveer, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
9 10-04-2026 Heard Mr. Dharmveer, learned counsel for the
petitioner and Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner is in custody in connection with .
Kuchaikot P.S Case No. 480 2020 instituted under Sections
414, 420, 467, 471, 34 of the Indian Penal Code and Sections
20,22,25, 29 of the NDPS Act lodged on 13.12.2020 by the
informant, Ashwani Kumar Tiwari.
3. Learned counsel for the petitioner prays for
withdrawal of the petition.
4. It has been informed by the learned counsel for the petitioner
that the petitioner stands convicted and as such he may be
permitted to withdraw the same.
Patna High Court CR. MISC. No.27899 of 2025(9) dt.10-04-2026
2/2
5. Accordingly, the petition is dismissed as
withdrawn.
(Rajiv Roy, J)
Ravi/-
U T
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