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Patna High Court

Bhushan Kumar @ Bhushan YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court dismissed the application as withdrawn.

Summary

The petitioner, Bhushan Kumar, was arrested while a criminal miscellaneous application was pending before the Patna High Court. He filed a request seeking the Court's permission to withdraw that application. The petitioner’s counsel argued that the arrest justified the withdrawal. The Court considered whether any formal permission was required to withdraw a pending application. No substantive reasoning was provided, and the Court simply dismissed the application as withdrawn. Consequently, the petition was not entertained further.

Issues considered

  • Whether the petitioner may withdraw the pending application without the Court's permission after his arrest

Subjects

  • Criminal Procedure Code
  • withdrawal of application
  • arrest
  • High Court
  • petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3903 of 2026
                         Arising Out of PS. Case No.-239 Year-2024 Thana- BIHRA District- Saharsa
                  ======================================================
                  Bhushan Kumar @ Bhushan Yadav Son of Late Subhash Yadav @ kari yadav
                  Resident of Village - Bishanpur Ward no. 09, Ps- Bihra, Dist- Saharsa

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

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

2    28-01-2026                    Mr. Ashok Kumar, learned counsel for the petitioner

                    submits that the petitioner having been arrested during pendency

                    of the instant application, he seeks permission to withdraw this

                    application.

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

                    as withdrawn.



                                                (Partha Sarthy, J)
Bibhash/-

U      T


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