Patna High Court

Dablu Kumar Choudhary @ Dablu ChoudharyversusThe State of Bihar

Decided: 9 April 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court permitted the petitioner to withdraw the application and ordered its dismissal as withdrawn.

Summary

Petitioner Dablu Kumar Choudhary filed an application before the Patna High Court seeking permission to withdraw the same, stating that the impugned order had already been challenged in Criminal Miscellaneous No. 15156 of 2025. The petitioner requested liberty to re‑file the matter before the lower court. The learned Additional Public Prosecutor opposed the withdrawal. The Court examined whether the petitioner could be allowed to withdraw the application and re‑initiate proceedings. It granted the petitioner's request, allowing the withdrawal and permitting a fresh filing. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application and re‑file the matter afresh before the lower court

Subjects

withdrawal of application
criminal procedure
procedural law
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6386 of 2026
                     Arising Out of PS. Case No.-138 Year-2024 Thana- MEHANDIGANJ District- Patna
                  ======================================================
                  Dablu Kumar Choudhary @ Dablu Choudhary Son of Yogendra Choudhary
                  Resident of Village- Lal Imli Chowk, Sikarpur, Sadhuram Ka Mohalla, P.S.-
                  Chowk, District- Patna, Bihar

                                                                                   ... ... Petitioner
                                                       Versus
                  The State of Bihar

                                                           ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Surendra Kumar Singh, Advocate
                  For the Opposite Party/s :      Mr. Nitya Nand Tiwary, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

3    09-04-2026                          Heard learned counsel for the petitioner and

                    learned Additional Public Prosecutor for the State.

                                    2. Learned counsel for the petitioner seeks

                    permission to withdraw this application with liberty to file

                    afresh before the learned court below as the impugned order has

                    already been assailed in Cr. Misc. No. 15156 of 2025.

                                   3. Permission is accorded.

                                   4. Accordingly, this application stands dismissed as

                    withdrawn with the aforesaid liberty.



                                           (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T

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