Patna High Court

Munshi Chaudhary @ Amarjeet ChauddharyversusThe State of Bihar

Decided: 9 January 2026
Disposal: WITHDRAWN
Bench: ANSHUMAN

Holding

The court held that the petitioner may withdraw the criminal miscellaneous proceeding and consequently dismissed the modification application as withdrawn.

Summary

The petitioners, Munshi Chaudhary and others, filed a criminal miscellaneous proceeding (No.37834 of 2025) against the State of Bihar arising from a police case registered in 2022. The petitioners later sought the court’s permission to withdraw the case on the ground that it had become infructuous. The learned counsel for the petitioner moved before the Hon’ble Justice Dr. Anshuman for such permission. The court examined the principle that a criminal proceeding may be withdrawn with its leave if no prejudice is caused to the public interest. Accordingly, the court granted the petitioners’ request and ordered that the pending modification application be dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the criminal miscellaneous proceeding as infructuous
Whether the court can dismiss the pending modification application upon such withdrawal

Subjects

withdrawal of criminal case
infructuous proceedings
modification application
court permission
criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.37834 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.74861 of 2023
                         Arising Out of PS. Case No.-167 Year-2022 Thana- NOKHA District- Rohtas
                  ======================================================
                  Munshi Chaudhary @ Amarjeet Chauddhary S/o Ram Ayodhya Chaudhary
                  Resident of Village- Katharai, P.S.- Charpokhari, District- Bhojpur

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Ajay Kumar Singh, Adv.
                  For the Opposite Party/s :       Mr.Chandra Sen Prasad Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

7    09-01-2026                      Heard Learned Counsel for the petitioner and

                    Learned APP for the State.

                                 2. Learned Counsel for the petitioner seeks permission

                    to withdrawn this case as having become infructuous.

                                 3. Permission granted.

                                 4. Accordingly, the present modification application is

                    hereby dismissed as withdrawn.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U

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