Patna High Court

Abhishek Yadav @ Abhishek Kumar Yadav @ Abhisekh YadavversusThe State of Bihar

Decided: 11 February 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The court held that an application may be withdrawn with permission after the petitioner’s acquittal, and accordingly dismissed the application as withdrawn.

Summary

The petitioner, Abhishek Yadav, was acquitted in a criminal case (PS Case No.81 Year-2022) pending before the Patna High Court. Following the acquittal, he filed an application seeking permission to withdraw the pending petition. The petitioner’s counsel argued that since the acquittal rendered the petition moot, withdrawal should be allowed. The State opposed, but the court examined whether procedural permission is required to withdraw after acquittal. The bench, after hearing both sides, found no impediment to withdrawal and granted the requested permission. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether an application/petition may be withdrawn after the petitioner has been acquitted

Subjects

withdrawal of application
acquittal
criminal procedure
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.70676 of 2025
                      Arising Out of PS. Case No.-81 Year-2022 Thana- KHAJAULI District- Madhubani
                  ======================================================
                  Abhishek Yadav @ Abhishek Kumar Yadav @ Abhisekh Yadav S/O Sri
                  Madan Yadav @ Madan Kumar Yadav @ Madan Kumar Resident of Village-
                  Korahiya, P.S.- Jaynagar, District- Madhubani

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State of Bihar Patna

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Subhash Kumar Jha
                  For the Opposite Party/s :       Mr. Nirmal Kumar Sinha
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    11-02-2026                  Heard the learned counsel for the petitioner and the

                    learned counsel for the State.

                                 2. The learned counsel for the petitioner submits that

                    the petitioner has been acquitted and therefore, seeks permission

                    to withdraw this application.

                                 3. Permission is accorded.

                                 4. Accordingly, this application is dismissed as

                    withdrawn.



                                                          (Sandeep Kumar, J)
Shishir/-

U       T

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