Patna High Court

Manju JhaversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

The Court held that the petitioner may withdraw the application and therefore dismissed it as withdrawn.

Summary

Manju Jha filed an application before the Patna High Court seeking a specific relief. During the hearing, she requested permission to withdraw that application while retaining the liberty to approach the court that had already granted regular bail to the opposite party, Pappu Jha. The State of Bihar opposed the withdrawal. After hearing arguments from both counsel, the Court considered whether the petitioner could be allowed to withdraw the application with such liberty. The Court found no impediment to the withdrawal and granted the petitioner's request. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application with liberty to approach another court for regular bail

Subjects

withdrawal of application
bail
criminal procedure
court order
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.63681 of 2025
                       Arising Out of PS. Case No.-271 Year-2020 Thana- BAHERA District- Darbhanga
                  ======================================================
                  Manju Jha W/o Late Rambahadur Jha Resident Of Village - Pohaddi, P.S. -
                  Bahera, District – Darbhanga.                        ... ... Petitioner/s
                                                Versus
            1.     The State of Bihar
            2.     Pappu Jha Son of Late Ganesh Jha Resident Of Pohaddi, P.S. - Bahera,
                   District - Darbhanga.
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Alok Kumar Jha, Advocate
                  For the Opposite Party/s :       Mr. Rajendra Nath Jha, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    06-01-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw this application with a

                    liberty to move before the learned Court concerned who has

                    granted regular bail to opposite party no.2 without awaiting the

                    final nature of injury received by the injured.

                                 3. Permission is accorded.

                                 4. Accordingly, this application is dismissed as

                    withdrawn with the liberty, as aforesaid.


                                               (Soni Shrivastava, J)

Trivedi/-
U       T

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