Patna High Court

Kanhaiya ChaudharyversusThe State of Bihar

Decided: 29 January 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court permitted the withdrawal of the application and granted liberty to file a fresh application.

Summary

The petitioner, Kanhaiya Chaudhary, filed an application before the Patna High Court seeking to withdraw the same and obtain liberty to file a fresh application in the lower court, as the impugned order had already been challenged in Criminal Miscellaneous No. 12651 of 2024. The petitioner’s counsel, Mr. Shashi Priya, argued for permission to withdraw, while the State’s counsel, Mr. Chandra Bhushan Prasad, opposed. The Court considered whether the petitioner could be allowed to withdraw the pending application. After hearing both sides, the Court exercised its discretion and granted the petitioner's request, allowing the withdrawal and liberty to file a fresh application. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the petitioner may be granted permission to withdraw the pending application and be given liberty to file a fresh application before the lower court

Subjects

withdrawal of application
procedural discretion
criminal miscellaneous proceedings
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5507 of 2026
                       Arising Out of PS. Case No.-760 Year-2022 Thana- BIHPUR District- Bhagalpur
                  ======================================================
                  Kanhaiya Chaudhary S/o Manoj Chaudhary R/o Village- Sonbarsha, P.S.-
                  Bihpur, District- Bhagalpur, Bihar
                                                                       ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Shashi Priya, Advocate
                  For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

2    29-01-2026                  Heard Mr. Shashi Priya, learned counsel for the

                    petitioner and Mr. Chandra Bhushan Prasad, learned APP for the

                    State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw this application with

                    liberty to file a fresh application before the learned court below

                    as the impugned order has already been assailed in Cr. Misc.

                    No. 12651 of 2024.

                                 3. Permission is accorded.

                                 4. Accordingly, this application stands dismissed as

                    withdrawn with the aforesaid liberty.


                                                   (Rajesh Kumar Verma, J)

Ranjeet/-
U       T

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