Patna High Court

Anwar AliversusThe State of Bihar

Decided: 19 February 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

Permission to withdraw the application was granted and the application was dismissed as withdrawn.

Summary

The petitioner, Anwar Ali, filed an application in the Patna High Court seeking to withdraw the pending application due to several defects and to file a fresh one. Ms. Mili Kumari, learned advocate, moved on behalf of the petitioner's counsel, Mr. Shashank Shekhar, for permission to withdraw. The court, after hearing, granted the permission to withdraw the application. Consequently, the application was dismissed as withdrawn, with liberty to file a fresh application. No substantive merits of the original case were addressed.

Issues considered

Whether the court may grant permission to withdraw an application and allow filing of a fresh application in a criminal miscellaneous proceeding

Subjects

withdrawal of application
procedural defect
criminal miscellaneous
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.42342 of 2025
                       Arising Out of PS. Case No.-623 Year-2023 Thana- SIWAN CITY District- Siwan
                  ======================================================
                  Anwar Ali Son of Jannat Ali @ Jannat Husain Resident of Purab Tola,
                  Barharia, Police Station - Barharia, District - Siwan.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                  For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

3    19-02-2026                    At the very outset, Ms. Mili Kumari, learned

                    Advocate, prays on behalf of Mr. Shashank Shekhar, learned

                    counsel for the petitioner, to withdraw this application in order

                    to file a fresh application as there are several defects.

                                 2. Permission is accorded.

                                 3. Accordingly, this application is dismissed as

                    withdrawn with the aforesaid liberty.


                                               (Soni Shrivastava, J)

Trivedi/-

U       T

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