Patna High Court

DHANANJAY KUMARversusThe State of Bihar

Decided: 9 February 2026
Disposal: DISPOSED
Bench: SOURENDRA PANDEY

Holding

The application for withdrawal was dismissed as the matter had become infructuous.

Summary

The petitioner, Dhananjay Kumar, filed an application before the Patna High Court seeking withdrawal of the criminal miscellaneous proceeding, alleging that the matter had become infructuous. The petitioner’s counsel requested liberty to raise any points available at the relevant stage. The State of Bihar and a co‑accused, Razi Ahmad Khan, opposed the withdrawal. Justice Sourendra Pandey examined the application and noted that the petitioner had not demonstrated any remaining issue for adjudication. Consequently, the court held that the application was infructuous and dismissed it.

Issues considered

Whether the application for withdrawal of the criminal proceeding can be entertained when the matter has become infructuous

Subjects

withdrawal of application
infructuous proceedings
criminal miscellaneous
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.53373 of 2025
                        Arising Out of PS. Case No.-89 Year-2025 Thana- Mehsoul District- Sitamarhi
                  ======================================================
                  Dhananjay Kumar S/o- Kailash Ray Village- Ramnagara Got W.No-8, Ps-
                  Riga Dist- Sitamarhi P/A- Chhota Bariyarpur Chini Mill Sriramkutir
                  Vidyanagar Dist- Motihari

                                                                                      ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    Razi Ahmad Khan S/o- Late Mahmud Khan Village- Mehsoul Chowk W.No-
                  23, Ps- Mehsoul Dist- Sitamarhi

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Ujjwal Kumar, Advocate
                  For the Opposite Party/s :        Mr.Md. Syed Ehteshamuddin, APP
                  For the O.P. No. 2       :        Mr.Asshar Mustafa, Advocate
                                                    Mr. Ashish Kumar Ranjan, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

4    09-02-2026                       Heard the learned counsel for the parties.

                                 2. Learned counsel for the petitioner submits that the

                    matter has become infructuous and he prays for withdrawal of

                    the same with a liberty to raise the points available to the

                    petitioner at the relevant stage.

                                 3. Accordingly, the present application stands

                    dismissed as having become infructuous.



                                               (Sourendra Pandey, J)
aditya/-

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