Patna High Court

Kamlesh Kumar @ Kamleshwar KumarversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The court held that the petitioner may withdraw the criminal miscellaneous application and dismissed it as withdrawn.

Summary

The petitioner, Kamlesh Kumar, filed a criminal miscellaneous application arising from PS case No.165 of 2019 in East Champaran. The petitioner later sought the court’s permission to withdraw that application. The learned counsel for the petitioner moved that the withdrawal be allowed. The court examined its inherent jurisdiction to permit withdrawal of criminal miscellaneous applications. Finding no legal impediment, the court granted the request and dismissed the application as withdrawn.

Issues considered

Whether the petitioner is entitled to withdraw the criminal miscellaneous application?

Subjects

withdrawal of criminal application
criminal miscellaneous proceedings
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28464 of 2025
                      Arising Out of PS. Case No.-165 Year-2019 Thana- GHORASAHAN District- East
                                                        Champaran
                  ======================================================
                  Kamlesh Kumar @ Kamleshwar Kumar S/o Ganga Prasad R/o Ward No. 7,
                  Vill.- Sugaon Kothi, P.S.- Sugauli, Distt.- East Champaran

                                                                                 ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar Bihar
            2.    Sheikh Taiyab S/o Sheikh Idris R/o Shekhauna, Mahajan Tola, P.S.-
                  Ghodasahan, Distt.- East Champaran

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Amarendra Nath Verma, Adv.
                  For the Opposite Party/s :      Mr.Syed Mojibur Rahman, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    10-03-2026                  Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. Learned counsel for the petitioner seeks permission

                    to withdraw this criminal miscellaneous application.

                                 3. Permission, as sought for, is accorded.

                                 4.Accordingly, this criminal miscellaneous application

                    is dismissed as withdrawn.



                                               (Praveen Kumar, J)
brajesh/-

U       T

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