Patna High Court

Ashok KaharversusThe State Of Bihar

Decided: 23 February 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The Court may, at its discretion, grant permission to withdraw a pending application and therefore dismissed the application as withdrawn.

Summary

The petitioners, Ashok Kahar and relatives, filed a criminal miscellaneous application before the Patna High Court. They later approached the Court seeking permission to withdraw the application. The learned counsel for the petitioners requested that the Court allow the withdrawal. The Court examined whether it had the authority to permit the withdrawal of a pending application. It held that the Court may grant such permission at its discretion. Consequently, the Court granted the request and dismissed the application as withdrawn.

Issues considered

Whether the High Court can grant permission to withdraw a pending criminal miscellaneous application

Subjects

withdrawal of application
procedural discretion
criminal miscellaneous
high court jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.57148 of 2024
                        Arising Out of PS. Case No.-51 Year-2024 Thana- NAUHATTA District- Rohtas
                  ======================================================
            1.     Ashok Kahar Son of Ram Prasad Kahar @ Shree Prasad Chandravanshi R/O
                   Vill.- Nawara, P.o.- Daranagar, P.s.- Nawhatta, Dist.- Rohtas.
            2.    Ram Prasad Kahar @ Shree Prasad Chandravanshi Son of Late Kedar Yadav
                  R/O Vill.- Nawara, P.o.- Daranagar, P.s.- Nawhatta, Dist.- Rohtas.
            3.    Sunil Kahar @ Sunil Kumar Son of Ram Prasad Kahar @ Shree Prasad
                  Chandravanshi R/O Vill.- Nawara, P.o.- Daranagar, P.s.- Nawhatta, Dist.-
                  Rohtas.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Bhaskar Shankar
                  For the Opposite Party/s :       Mr.Pawan Kumar Chaurasia
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    23-02-2026                  Heard the learned counsel for the petitioners and the

                    learned counsel for the State.

                                 2. The learned counsel for the petitioners seeks

                    permission to withdraw this application.

                                 3. Permission is accorded.

                                 4. Accordingly, this application is dismissed as

                    withdrawn.



                                               (Sandeep Kumar, J)
Shishir/-

U

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