Patna High Court

JAINENDRA KUMARversusThe State of Bihar

Decided: 13 January 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

Permission to withdraw the application was granted and the application was dismissed as withdrawn.

Summary

The petitioner, Jainendra Kumar, filed an application before the Patna High Court seeking permission to withdraw the pending criminal miscellaneous application. The petitioner’s counsel, Mr. Pramod Ban Bihari Singh, argued that the application had become infructuous and should be withdrawn. The State, represented by Mr. Jharkhandi Upadhyay, opposed the withdrawal. The Court examined whether the petitioner could be allowed to withdraw the application at this stage. Finding no legal impediment, the Court granted permission to withdraw. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the petitioner is entitled to permission to withdraw the pending criminal miscellaneous application.

Subjects

withdrawal of application
criminal miscellaneous proceedings
procedural law
permission to withdraw

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.50838 of 2021
                         Arising Out of PS. Case No.-219 Year-2021 Thana- HILSA District- Nalanda
                  ======================================================
                  JAINENDRA KUMAR S/o Chhotan Prasad R/o village- Ward No.- 5, Road
                  Lohanda, P.S.- Hilsa, District- Nalanda
                                                                   ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar Bihar
            2.    Arjun Mahto S/o Late Ram Chandra Mahto R/o village- Lohanda, P.S.-
                  Hilsa, District- Nalanda
            3.    Rakesh Kumar S/o Ram Sevak Mahto R/o village- Lohanda, P.S.- Hilsa,
                  District- Nalanda
            4.    Azad Mahto S/o Rama Nand Mahto R/o village- Lohanda, P.S.- Hilsa,
                  District- Nalanda
            5.    Amarjit Kumar S/o Arjun Mahto R/o village- Lohanda, P.S.- Hilsa, District-
                  Nalanda
            6.     Dhananjay Prasad S/o Late Kailash Mahto R/o village- Lohanda, P.S.- Hilsa,
                   District- Nalanda
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Pramod Ban Bihari Singh, Advocate
                  For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    13-01-2026                  Heard Mr. Pramod Ban Bihar Singh, learned counsel

                    for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for

                    the State.

                                 2. Mr. Pramod Ban Bihari Singh, learned counsel for

                    the petitioner seeks permission to withdraw the present

                    application as the same has become infructuous.

                                 3. Permission is accorded.

                                 4. Accordingly, this application is dismissed as

                    withdrawn.


                                               (Soni Shrivastava, J)

anand/-
U       T

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