Patna High Court

RANJAN PASWANversusTHE STATE OF BIHAR

Decided: 10 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The court granted permission to withdraw the application and dismissed it as infructuous.

Summary

The petitioners filed an application before the High Court seeking permission to withdraw it, stating that the trial court had already disposed of the substantive case. The respondents (State) were represented by an Additional Public Prosecutor. The court considered whether the application could be withdrawn now that the main case was concluded. It was held that the petitioners were entitled to withdraw the application. Accordingly, the court granted permission to withdraw and dismissed the application as infructuous.

Issues considered

Whether the court may grant permission to withdraw an application when the substantive case has already been disposed?

Subjects

withdrawal of application
infructuous proceedings
procedural order
criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6983 of 2024
                    Arising Out of PS. Case No.-23 Year-2022 Thana- INARWA District- West Champaran
                 ======================================================
           1.     RANJAN PASWAN S/O SRI AWADHESH PASWAN R/O VILLAGE-
                  BARWA, P.S- INARWA, DISTT.- WEST CHAMPARAN.
           2.    AWADHESH PASWAN S/O LATE BABURAM PASWAN R/O VILLAGE-
                 BARWA, P.S- INARWA, DISTT.- WEST CHAMPARAN.
           3.    IDRISH MIAN S/O LATE ISHQUE MIAN R/O VILLAGE- BARWA, P.S-
                 INARWA, DISTT.- WEST CHAMPARAN.
                                                            ... ... Petitioner/s
                                           Versus
           1.    THE STATE OF BIHAR
           2.     MD. IMTEYAZ ALAM S/O LATE SHEIKH DUKHI R/O VILLAGE-
                  BARWA, P.O- PIRARI, P.S- INARWA, DISTT.- WEST CHAMPARAN.
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sagar Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   10-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Learned counsel              for the petitioners seeks

                   permission to withdraw this application and submits that during

                   pendency of this application, the case has been disposed of by

                   the trial court, hence this application has become infructuous.

                                3. Permission is accorded.

                                4. Accordingly, the present application is dismissed as

                   withdrawn having been infructuous.



                                              (Praveen Kumar, J)
shivam/-
U      T

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