Patna High Court

MD. RAJA NEPALI @ RAJA @ NEPALIversusTHE STATE OF BIHAR

Decided: 6 January 2026
Disposal: WITHDRAWN
Bench: R P MISHRA

Holding

The Court granted permission to withdraw the application, dismissing it as withdrawn.

Summary

The petitioners, four individuals from Jamalpur village, filed a criminal miscellaneous application before the Patna High Court against the State of Bihar. After being acquitted in the underlying criminal case, they sought the Court's permission to withdraw the pending application. The petitioners argued that continuation of the application was unnecessary post‑acquittal. The Court considered whether it could grant leave to withdraw an application that had become moot. It held that the petitioners were entitled to withdraw the application and accordingly granted permission. The application was therefore dismissed as withdrawn.

Issues considered

Whether the Court may permit withdrawal of a criminal miscellaneous application after the petitioners have been acquitted

Subjects

withdrawal of application
acquittal
criminal miscellaneous proceedings
procedural law
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4098 of 2024
                   Arising Out of PS. Case No.-8 Year-2017 Thana- NAUGACHHIYA RPF POST District-
                                                         Khagaria
                 ======================================================
           1.     Md. Raja Nepali @ Raja @ Nepali Son Of Md. Jahangir R/O Village-
                  Jamalpur, P.S.- Thana Bihpur, Dist.- Bhagalpur

           2.    Md. Faiyaz Son Of Md. Jahangir R/O Village- Jamalpur, P.S.- Thana Bihpur,
                 Dist.- Bhagalpur

           3.    Md. Mumtaz Son Of Munna @ Md. Rahman R/O Village- Jamalpur, P.S.-
                 Thana Bihpur, Dist.- Bhagalpur

           4.    Md. Tinku Son Of Md. Lalu R/O Village- Jamalpur, P.S.- Thana Bihpur,
                 Dist.- Bhagalpur


                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Santosh Singh, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   06-01-2026                  Today, the matter has been listed under the heading

                   “To be Mentioned” at the instance of the petitioners.

                                2. Learned counsel             for the petitioners seeks

                   permission of the Court to withdraw the present application as

                   the petitioners have already been acquitted.

                                3. Permission is accorded.
           Patna High Court CR. MISC. No.4098 of 2024(2) dt.06-01-2026
                                                       2/2




                                  4. Accordingly, the present application stands

                     dismissed as withdrawn.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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