Patna High Court

Manmohan MahtoversusThe State of Bihar

Decided: 9 January 2026
Disposal: WITHDRAWN
Bench: PRABHAT KUMAR SINGH

Holding

The court held that it may allow the petitioner to withdraw the modification application and dismissed it as withdrawn.

Summary

Manmohan Mahto filed a modification application in a criminal miscellaneous proceeding arising from a 2020 police case in West Champaran. During the hearing, he sought the court's permission to withdraw the application. The State, represented by an Assistant Public Prosecutor, did not oppose the request. The court examined the petitioner's request and, finding no impediment, granted permission to withdraw. Consequently, the modification application was dismissed as withdrawn.

Issues considered

Whether the court may permit the petitioner to withdraw a pending modification application

Subjects

withdrawal of application
modification application
criminal procedure
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.41308 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.71023 of 2024
                    Arising Out of PS. Case No.-95 Year-2020 Thana- WEST CHAMPARAN COMPLAINT
                                                  District- West Champaran
                  ======================================================
                  Manmohan Mahto S/O Late Indarjeet Mahto @ Indrajit Mahto R/o - Sakraul,
                  P.S - Inarwa, District - West Champaran

                                                                             ... ... Petitioner/s
                                                    Versus
             1.   The State of Bihar
             2.    Chanda Devi W/o Manmohan Mahto @ Man Mohan Mahto R/o Sakraul,
                   P.S. - Inarwa, Distt. - West Champaran, Presently R/o vill - Pipra
                   Bhawanipur, P.S.- Serwa, Distt. - Parsa, Nepal
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner    :       Mr. Gauri Shankar Thakur, Advocate
                  For the State         :       Mr. Jharkhandi Upadhyay, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

4    09-01-2026                  Heard learned counsel appearing on behalf of the

                    petitioner and learned APP appearing on behalf of the State.

                                 2. At the outset, learned counsel appearing on behalf

                    of the petitioner seeks permission to withdraw this modification

                    application.

                                 3. Permission, as prayed for, is accorded.

                                 4. Accordingly, this modification application stands

                    dismissed as withdrawn.



                                        (Prabhat Kumar Singh, J)
shashank/-
U      T

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