Patna High Court

Rahul Kumar @ Rahul Sah @ Rahul Kumar SahversusThe State Of Bihar

Decided: 10 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The court granted permission to withdraw the criminal miscellaneous application and dismissed it as withdrawn.

Summary

The petitioner, Rahul Kumar, filed a criminal miscellaneous application before the Patna High Court. He later approached the court seeking permission to withdraw the application. The State of Bihar, represented by an Additional Public Prosecutor, opposed the withdrawal. The court, exercising its discretion, considered whether the withdrawal would prejudice the State or the public interest. Finding no such prejudice, the court granted the petitioner's request. Consequently, the criminal miscellaneous application was dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the criminal miscellaneous application

Subjects

withdrawal of criminal application
criminal miscellaneous proceedings
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.40291 of 2024
                    Arising Out of PS. Case No.-162 Year-2023 Thana- BAIRIYA District- West Champaran
                  ======================================================
                  Rahul Kumar @ Rahul Sah @ Rahul Kumar Sah Son of Ramawtar Sah R/O
                  Vill.- Tilangahi, P.S.- Bairiya, Dist.- West Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                  The State Of Bihar Patna

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Sanjeev Kumar Shrivastava, Adv.
                  For the Opposite Party/s :       Mr.Ganesh Prasad Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    10-03-2026                  Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. Learned counsel for the petitioner seeks permission

                    to withdraw this criminal miscellaneous application.

                                 3. Permission, as sought for, is accorded.

                                 4.Accordingly, this criminal miscellaneous application

                    is dismissed as withdrawn.



                                               (Praveen Kumar, J)
brajesh/-

U       T

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