Patna High Court

RAMSHER PASWAN @ RAMSHER PASWAN @ SAMSHER PASWAN @ RAMESHWAR PASWANversusThe State of Bihar

Decided: 28 January 2026
Disposal: WITHDRAWN
Bench: PARTHA SARTHY

Holding

The application is dismissed as withdrawn.

Summary

Ramshar Paswan, the petitioner, was arrested while a criminal miscellaneous application was pending before the Patna High Court. The petitioner filed a request seeking the Court's permission to withdraw the pending application in light of his arrest. The petitioner’s counsel argued that the arrest rendered the continuation of the application unnecessary. The Court considered whether procedural permission was required to withdraw an application after the petitioner’s arrest. It held that the application could be dismissed as withdrawn without further hearing. Consequently, the Court dismissed the application as withdrawn, effectively ending the proceedings.

Issues considered

What procedural steps are required for a petitioner to withdraw a pending application after being arrested?

Subjects

Criminal Procedure
Withdrawal of Application
Arrest
High Court
Procedural Law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3743 of 2026
                     Arising Out of PS. Case No.-153 Year-2024 Thana- GANDHIMAIDAN District- Patna
                  ======================================================
                  RAMSHER PASWAN @ RAMSHER PASWAN @ SAMSHER PASWAN @
                  RAMESHWAR PASWAN Son of Late Vilas Paswan Resident of Village -
                  Salimpur Ahra Gali No.- 1, P.S.- Gandhi Maidan, District - Patna.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Sushil Ranjan Sinha, Advocate
                                                  Mr.Manish Kumar, Advocate
                  For the Opposite Party/s :      Mr.Narendra Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                        ORAL ORDER

2    28-01-2026                     Learned counsel for the petitioner submits that the

                    petitioner having been arrested during pendency of the instant

                    application, he seeks permission to withdraw the application.

                                  2. In view of the above, the application is dismissed as

                    withdrawn.



                                               (Partha Sarthy, J)
Shiv/-

U        T

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