Patna High Court

Mithilesh Kumar Singh @ Mithilesh SinghversusThe State of Bihar

Decided: 7 May 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The court held that the petitioner may withdraw the application and is granted liberty to file a fresh application before the trial court.

Summary

Mithilesh Kumar Singh filed an application before the Patna High Court seeking to withdraw his pending criminal miscellaneous application against the State of Bihar. The petitioner argued that the impugned order had already been challenged in another proceeding (Cr. Misc. No. 41005 of 2025) and therefore a fresh filing before the trial court was appropriate. The State, represented by an Assistant Public Prosecutor, opposed the withdrawal. After hearing both sides, Justice Rajesh Kumar Verma granted permission to withdraw the application, emphasizing the petitioner’s liberty to file a fresh petition before the lower court. Consequently, the application was dismissed as withdrawn, with liberty to re‑file.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application and file a fresh one before the lower court

Subjects

Criminal Procedure Code
withdrawal of application
fresh filing
high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.30103 of 2026
                          Arising Out of PS. Case No.-179 Year-2020 Thana- SISWAN District- Siwan
                   ======================================================
                   Mithilesh Kumar Singh @ Mithilesh Singh S/o- Ram Pravesh Singh R/v-
                   Saipur Ps- Siswan Dist- Siwan

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Ranjeet Kumar Pandey, Advocate
                   For the Opposite Party/s :       Mrs. Renu Kumari, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

2     07-05-2026                     Heard Mr. Ranjeet Kumar Pandey, learned counsel for

                     the petitioner and Mrs. Renu Kumari, learned APP for the State.

                                     2. After some argument, learned counsel for the

                     petitioner seeks permission to withdraw this application with

                     liberty to file a fresh application before the learned Court below

                     as the impugned order has already been assailed in Cr. Misc.

                     No. 41005 of 2025.

                                       3. Permission is accorded.

                                      4. Accordingly, this application stands dismissed as

                     withdrawn with the aforesaid liberty.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

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