Patna High Court

FAKIRA RAYversusThe State of Bihar

Decided: 26 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Disposal: WITHDRAWN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Permission to withdraw the application was granted and the application was dismissed as withdrawn.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, Fakira Ray, filed an application in the Patna High Court seeking permission to withdraw the pending criminal miscellaneous proceeding. Counsel for the petitioner, Mr. Mukesh Kumar, requested that the court allow the withdrawal, stating the application had become infructuous. The State, represented by an Assistant Public Prosecutor, and the second opposite party, represented by Mr. Amaresh Kumar, were heard on the matter. Justice Soni Shrivastava granted the petitioner's request, permitting the withdrawal of the application. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the petitioner may be granted permission to withdraw the pending application.

Subjects

withdrawal of application
procedural law
criminal miscellaneous
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.47561 of 2025
                  Arising Out of PS. Case No.-36 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                  ======================================================
                  Fakira Ray S/O Late Yogi Ray @ Moti Ray Resident Of Village-Uttari
                  Dhamaun, P.S.-Patori, District-Samastipur
                                                                   ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar
            2.     Nirmala Devi W/O Binod Ray Resident Of Village-Uttari Dhamaun, P.S.-
                   Patori, District-Samastipur
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :       Mr. Mukesh Kumar, Advocate
                  For the State           :       Mr. Md. Nazir Ansari, APP
                  For the O.P. No.2       :       Mr. Amaresh Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

5    26-02-2026                     Heard Mr. Mukesh Kumar, learned counsel for the

                    petitioner, Mr. Nazire Ansari, learned APP for the State and Mr.

                    Amaresh Kumar, learned counsel for the opposite party no.2.

                                  2. Mr. Mukesh Kumar, learned counsel for the

                    petitioner seeks permission to withdraw this application as the

                    same has became infructuous.

                                  3. Permission is accorded.

                                  4. Accordingly, this application is dismissed as

                    withdrawn as the same has became infructuous.



                                              (Soni Shrivastava, J)
anand/-
U       T

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