Patna High Court

Badhu Choudhary @ Badu Choudhary and OrsversusThe State Of Bihar

Decided: 27 January 2026
Disposal: WITHDRAWN
Bench: SHAILENDRA SINGH

Holding

The court may, at its discretion, grant permission to withdraw a criminal miscellaneous petition, resulting in the petition being dismissed as withdrawn.

Summary

The petitioners, a group of residents from Village Bharatha Patti, filed a criminal miscellaneous petition before the Patna High Court. They later approached the court seeking permission to withdraw the petition. The sole issue before the court was whether it could grant such permission. The court, exercising its inherent discretion, found no legal impediment to allowing the withdrawal. Consequently, the court granted the petitioners' request and dismissed the petition as withdrawn.

Issues considered

Whether the court may grant permission to withdraw a criminal miscellaneous petition

Subjects

withdrawal of criminal petition
court discretion
criminal miscellaneous petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45280 of 2016
                  Arising Out of PS. Case No.-366 Year-2015 Thana- JOGAPATTI District- West Champaran
                 ======================================================
           1.     Badhu Choudhary @ Badu Choudhary, Son of late Daroga Choudhary, null
           2.    Kamlesh Choudhary Son of Badhu Choudhary @ Badu Choudhary
           3.    Feku Choudhary, Son of Indrasan Choudhary.
           4.    Amawas Choudhary, Son of Adalat Choudhary.
           5.    Seth Choudhary Son of Narayan Choudhary All Residents of Village
                 Bharatha Patti, P.S. Yogapatti (Nawalpur), District- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Sanjeev Kumar Shrivastava, Advocate
                 For the State           :        Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

3   27-01-2026                   Mr. Sanjeev Kumar Shrivastava, learned counsel for

                   the petitioners, seeks permission to withdraw the present

                   criminal miscellaneous petition.

                                 2. Permission as sought above is granted.

                                 3. In the result, the present criminal miscellaneous

                   petition stands dismissed as withdrawn.



                                             (Shailendra Singh, J)
maynaz/-

U     T

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