Patna High Court

Shushil Kumar RamversusThe State of Bihar

Decided: 24 April 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court held that it may grant permission to withdraw a modification application, resulting in its dismissal as withdrawn.

Summary

The petitioner, Shushil Kumar Ram, filed a modification application in Criminal Miscellaneous No.28288 of 2026 arising from a complaint case. He later approached the court seeking permission to withdraw that application. The learned counsel for the petitioner requested the court's leave to withdraw, and the State's counsel was heard. Justice Satyavrat Verma exercised the court's inherent jurisdiction to allow the withdrawal of the application. Consequently, the modification application was dismissed as withdrawn.

Issues considered

What is the court's authority to permit a petitioner to withdraw a pending modification application in a criminal miscellaneous proceeding?

Subjects

criminal procedure
withdrawal of application
modification application
court discretion
dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28288 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.64818 of 2023
                   Arising Out of PS. Case No.-1771 Year-2022 Thana- GOPALGANJ COMPLAINT CASE
                                                    District- Gopalganj
                  ======================================================
                  Shushil Kumar Ram S/O Harendra Ram R/O Village- Kuaridih, P.S.- Bhorey,
                  Distt.- Gopalganj

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Vikash Kumar Shukla
                  For the Opposite Party/s :     Mr. Khurshid Anwar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    24-04-2026                     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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