Patna High Court

Rohit KumarversusThe State of Bihar

Decided: 23 March 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The court may, at its discretion, permit a petitioner to withdraw an application after charge framing.

Summary

The petitioner, Rohit Kumar, filed an application in a criminal miscellaneous case before the Patna High Court. After the charge was framed, the petitioner, through counsel, sought permission to withdraw the application. The State of Bihar opposed the withdrawal. The court examined the petitioner's request and its inherent discretion to allow withdrawal of pending applications. The court granted the petitioner liberty to approach the appropriate forum after charge framing. Accordingly, the application was dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application after charge framing

Subjects

withdrawal of application
criminal miscellaneous proceedings
court discretion
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6226 of 2026
                        Arising Out of PS. Case No.-66 Year-2025 Thana- SIRARI District- Sheikhpura
                  ======================================================
                  Rohit Kumar S/O Suresh Chaudhary R/O Village- Dakra, P.S- Ramgarh,
                  Distt.- Lakhisarai.
                                                                       ... ... Petitioner/s
                                               Versus
                  The State of Bihar
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Ms. Anjali Das, Advocate
                  For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

3    23-03-2026                      Heard Ms. Anjali Das, learned counsel for the

                    petitioner and Mr. Shyam Kumar Singh, learned APP for the

                    State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw this application with

                    liberty to the petitioner to move before the appropriate forum

                    after framing of charge.

                                 3. Permission is accorded.

                                 4. With the aforesaid liberty, the present application

                    stands dismissed as withdrawn.



                                           (Rajesh Kumar Verma, J)
Vanisha/-

U      T

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