Patna High Court

Surendra ChaudharyversusThe State of Bihar

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Disposal: WITHDRAWN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

Holding

The Court granted permission to withdraw the application and disposed of it as withdrawn without expressing any opinion on the merits.

Summary

The petitioners, Surendra Chaudhary, Akhilesh Chaudhary and Anita Devi, filed an application before the Patna High Court seeking permission to withdraw the pending criminal miscellaneous petition. The State of Bihar and Uma Devi were opposite parties. The petitioners’ counsel requested liberty to withdraw the application and to raise all points at a later stage. The Court, after hearing the counsel, granted permission to withdraw the application. The application was consequently disposed of as withdrawn, with the Court expressly stating that it had not expressed any opinion on the merits of the underlying case. No substantive issues were adjudicated beyond the procedural permission to withdraw.

Issues considered

Whether the Court may grant permission to withdraw the pending application?

Subjects

withdrawal of application
court procedure
civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3428 of 2025
                  Arising Out of PS. Case No.-14 Year-2017 Thana- INDUSTRIAL AREA District- Vaishali
                 ======================================================
           1.     Surendra Chaudhary S/o Late Ganesh Chaudhary R/O Village- Jadhua Barai
                  Tola, P.O. and P.S.- Industrial Area, Hajipur, District- Vaishali.
           2.    Akhilesh Chaudhary S/o Late Jagdish Chaudhary Resident of Village-
                 Jadhua Barai Tola, P.O. and P.S.- Industrial Area, Hajipur, District- Vaishali.
           3.    Anita Devi W/o Surendra Chaudhary Resident of Village- Jadhua Barai Tola,
                 P.O. and P.S.- Industrial Area, Hajipur, District- Vaishali.
                                                                              ... ... Petitioners
                                                     Versus
           1.    The State of Bihar
           2.     Uma Devi W/o Lakhandeo Singh Resident of Village- Lawapur, P.O. and
                  P.S.- Mahnar, District- Vaishali.
                                                                 ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioners     :         Mr. Satya Prakash Sinha, Advocate
                 For the Opposite Party-State:     Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   13-03-2026                  Learned counsel for the petitioners 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

Continue reading with your account

Checking your session…