Patna High Court

SHIVA MOURYA @ SHIVA MAURAYAversusThe State of Bihar

Decided: 2 February 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The application is dismissed as withdrawn.

Summary

Shiva Mourya filed an application in the Patna High Court seeking to withdraw the present application and raise all grounds at a later stage. The petitioner’s counsel requested permission to withdraw, citing the Supreme Court’s decision in Kanchan Kumar v. State of Bihar. The court considered whether such a withdrawal was permissible under procedural law. Relying on the Supreme Court precedent, the judge allowed the withdrawal of the application. Consequently, the application was dismissed as withdrawn. No substantive merits of the underlying criminal case were addressed.

Issues considered

Whether the petitioner may withdraw the pending application and raise all grounds at a later stage
Whether the court should entertain the withdrawal in light of the Supreme Court decision in Kanchan Kumar v. State of Bihar

Subjects

withdrawal of application
procedural law
criminal miscellaneous
Supreme Court precedent

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28053 of 2021
                         Arising Out of PS. Case No.-223 Year-2018 Thana- RAJPUR District- Buxar
                  ======================================================
                  SHIVA MOURYA @ SHIVA MAURAYA S/O RAMADHAR MOURYA R/O
                  VILLAGE TRILOKPUR, POLICE STATION REVATIPUR, DISTRICT
                  GHAZIPUR, UTTAR PRADESH
                                                             ... ... Petitioner/s
                                            Versus
            1.     The State of Bihar BIHAR
            2.     AJIT KUSHWAHA S/O RAM KRIPAL KUSHWAHA R/O VILLAGE-
                   SHARYAR, P.S-GAHAMAR, DISTRICT-GAZIPUR, UTTAR PRADESH
                   AND AT PRESENT RESIDENT OF DIHRI, P.S-RAJPUR, DISTRICT-
                   BUXAR.
                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Shyam Bihari Singh
                  For the Opposite Party/s :       Mr.A.G.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    02-02-2026                    Heard the parties.

                                 2. Learned counsel for the petitioner prays for and is

                    permitted to withdraw this application to raise all the grounds at

                    an appropriate stage. If the petitioner files such an application

                    then the Court below will consider the application of the

                    petitioner and will pass a reasoned order in light of the judgment

                    of the Hon’ble Supreme Court in the case of Kanchan Kumar

                    Vs. State of Bihar reported in (2022) 9 SCC 577.

                                 3. Accordingly, this application is dismissed as

                    withdrawn.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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