Patna High Court

Guddu Sah @ Guddu KumarversusThe State of Bihar

Decided: 2 July 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The court held that withdrawal of the application is permissible with the consent of the opposite party and dismissed it as withdrawn.

Summary

Guddu Kumar filed a petition in Criminal Miscellaneous No.38643 of 2026 arising from PS case No.214 in the Patna High Court. During the hearing on 2 July 2026, the petitioner, through counsel Mr. Subham Singh, sought the court's permission to withdraw the application that had been filed. The State, represented by Additional Public Prosecutor Mr. Shyam Bihari Singh, was present and did not oppose the withdrawal. The court exercised its inherent jurisdiction to allow the withdrawal of applications when no prejudice is caused and the opposite party consents. Consequently, the court granted permission and dismissed the application as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the application in the presence of the Additional Public Prosecutor.

Subjects

withdrawal of application
criminal procedure
procedural law
high court order
petition

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.38643 of 2026
                         Arising Out of PS. Case No.-214 Year-2026 Thana- MASHRAK District- Saran
                   ======================================================
                   Guddu Sah @ Guddu Kumar S/o Harendra Kushwaha R/o- Mashrak Purab
                   Tola P.s- Mashrak ,District -Saran

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Subham Singh, Advocate
                   For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

2     02-07-2026                    Heard       Mr. Subham Singh, learned counsel for the

                     petitioner and        Mr. Shyam Bihari Singh, learned APP for the

                     State.

                                  2.     Mr. Subham Singh, learned counsel for the

                     petitioner seeks permission to withdraw the application in

                     presence of learned Additional Public Prosecutor for the State.

                                  3. Permission is accorded.

                                  4. The application stands dismissed as withdrawn.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

U          T

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