Patna High Court

AWADHESH JHA @ ABADHESH JHA @ AWDESH JHAversusTHE STATE OF BIHAR

Decided: 13 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The Court granted permission to withdraw the application and disposed of it as withdrawn.

Summary

The petitioners filed an application in the High Court and, at the outset, sought permission to withdraw it, requesting liberty to raise all points at a later stage. The Court granted the petitioners' request, allowing the withdrawal of the application. Consequently, the application was disposed of as withdrawn. The Court expressly clarified that it has not expressed any opinion on the merits of the underlying case. No substantive issues were adjudicated beyond the procedural withdrawal.

Issues considered

Whether the Court may grant permission to withdraw an application filed in a criminal miscellaneous proceeding

Subjects

withdrawal of application
procedural order
criminal miscellaneous
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3301 of 2025
                   Arising Out of PS. Case No.-145 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
           1.     AWADHESH JHA @ ABADHESH JHA @ AWDESH JHA S/O LATE
                  BUJHAWAN JHA R/O VILLAGE- GHOUSAUT, PS- SIWAIPATTI,
                  DISTRICT- MUZAFFARPUR
           2.    GUDDU KUMAR JHA @ GUDDU JHA S/O AWADHESH JHA R/O
                 VILLAGE- GHOUSAUT, PS- SIWAIPATTI, DISTRICT- MUZAFFARPUR
           3.    PRABHU NARAYAN JHA S/O LATE GANGA JHA R/O VILLAGE-
                 TILAK TAJPUR, PS- RUNNI SAIDPUR, DISTRICT- SITAMARHI
                                                                ... ... Petitioners
                                            Versus
           1.    THE STATE OF BIHAR
           2.     MOHAN JHA S/O ARJUN JHA R/O VILLAGE- GHOUSAUT, PS-
                  SIWAIPATTI, DISTRICT- MUZAFFARPUR
                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioners     :         Mr. Chandra Shekhar Anand, Advocate
                 For the Opposite Party-State:     Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   13-03-2026                  Learned counsel for the petitioners, at the very outset,

                   seeks permission to withdraw this application with liberty to

                   raise all the points at appropriate stage.

                                2. Permission is granted.

                                3. This application is disposed of as withdrawn with

                   the liberty aforesaid.

                                4. It is made clear that this court has not expressed

                   any opinion on the merits of the case.



                                                 (Praveen Kumar, J)
Pawan/-

U     T

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