Patna High Court

SHIVA KANT MISHRAversusTHE STATE OF BIHAR

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Disposal: WITHDRAWN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

Holding

The application is dismissed as withdrawn and any pending interim application is treated as disposed.

Summary

The petitioners filed an application seeking to raise all grounds at a later stage in the criminal miscellaneous proceedings. The petitioners subsequently sought to withdraw this application. The court, after hearing counsel, allowed the withdrawal and dismissed the application as withdrawn, directing that any pending interim application be treated as disposed. The decision referenced the Supreme Court judgment in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577 as guiding authority. Consequently, the petitioners' request to raise all grounds was not entertained and the matter was closed at this stage.

Issues considered

Whether the petitioners may withdraw their application to raise all grounds at a later stage
Effect of withdrawal on any pending interim application

Subjects

withdrawal of application
interim application
criminal procedure
Supreme Court precedent

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28574 of 2021
                         Arising Out of PS. Case No.-420 Year-2018 Thana- BANKA District- Banka
                  ======================================================
            1.     Shiva Kant Mishra S/O Late Sundar Kant Mishra R/O Village-Chamrely
                   (Chandan Nagar), P.O.-Lakhanodih, P.S. And District-Banka.
            2.    Rita Jha W/O Kumar Bhardwaj R/O Village-Chamrely, P.O.-Lakhanodih,
                  P.S. And District-Banka, Bihar.
            3.    Kumar Bhardwaj S/O Naresh Mohan Chaudhary R/O Village-Chamrely,
                  P.O-Lakhanodih, P.S. And District-Banka, Bihar.
                                                                  ... ... Petitioner/s
                                                    Versus
            1.    THE STATE OF BIHAR BIHAR
            2.     Anita Devi wife of Sashi Bhushan Jha Village- Chamreli Ps Dist- Banka
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Harendra Kumar Tiwary
                  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 petitioners prays for and is

                    permitted to withdraw this application to raise all the grounds at

                    an appropriate stage. If the petitioners file such an application

                    then the Court below will consider the application of the

                    petitioners 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. Any pending I.A., shall also be treated to be

                    disposed.


                                                                 (Sandeep Kumar, J)
Vikas/-
U

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