Patna High Court

Vivek KumarversusThe State Of Bihar and Ors

Decided: 2 February 2026
Disposal: WITHDRAWN
Bench: SHAILENDRA SINGH

Holding

The court allowed the withdrawal of the criminal miscellaneous petition and dismissed it as withdrawn.

Summary

Vivek Kumar filed a criminal miscellaneous petition against the State of Bihar and two accused persons. After the trial of the accused concluded, the petitioner’s counsel sought the court’s permission to withdraw the pending application. The Hon’ble Justice Shailendra Singh considered the request and granted permission to withdraw. Consequently, the criminal miscellaneous petition was dismissed as withdrawn. No substantive merits of the case were addressed as the petition was withdrawn.

Issues considered

Whether the court may grant permission to withdraw a pending criminal miscellaneous petition after the trial of the accused has concluded

Subjects

withdrawal of petition
criminal miscellaneous petition
procedural law
court permission

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.38338 of 2017
                        Arising Out of PS. Case No.-98 Year-2003 Thana- BIDUPUR District- Vaishali
                  ======================================================
                  Vivek Kumar, Son of Bipin Kumar Paswan, Resident of Village- Bajitpur
                  Saidat, P.S.- Bidupur, District- Vaishali.

                                                                                     ... ... Petitioner/s
                                                         Versus
             1.   The State of Bihar
             2.   Binod Kumar Paswan @ Abinash Kumar, Son of Mohan Lal Viyagi,
             3.   Pawan Kumar @ Surendra Paswan, Son of Janak Paswan, Both residents of
                  Village- Bajitpur, Saidpur, P.S.- Bidupur, District- Vaishali.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Arun Kumar, Adv.
                  For the Opposite Party/s :       Mr. Arun Kumar Singh No. 5, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                        ORAL ORDER

3    02-02-2026                  As the trial of the O.P. Nos. 2 and 3, in which the

                    order impugned was passed, has ended, so, the petitioner’s

                    counsel seeks permission to withdraw this application.

                                 2. Permission as sought above is granted.

                                 3. In view of aforesaid prayer, the instant criminal

                    miscellaneous petition stands dismissed as withdrawn.




                                               (Shailendra Singh, J)

annu/-

U        T

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