Patna High Court

Sunil Kumar Sharma @ Sunil SharmaversusThe State of Bihar

Decided: 30 January 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

The court held that the petition may be withdrawn upon permission and dismissed it as withdrawn.

Summary

The petitioners Sunil Kumar Sharma, Pankaj Sharma, Radhika Devi and Nandani Devi filed a criminal miscellaneous petition (No.71520 of 2024) arising from a police case in Bhagalpur. Their counsel sought the court's permission to withdraw the application. The court considered whether a petition in a criminal matter could be withdrawn at that stage and whether court permission was required. It found no impediment to allowing the withdrawal. Accordingly, the court granted permission, and the petition was dismissed as withdrawn.

Issues considered

Whether a criminal petition may be withdrawn at the stage of proceedings
Whether court permission is required for withdrawal of a criminal petition

Subjects

withdrawal of petition
criminal procedure
court permission
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.71520 of 2024
                       Arising Out of PS. Case No.-2 Year-2021 Thana- ANTICHAK District- Bhagalpur
                  ======================================================
            1.     Sunil Kumar Sharma @ Sunil Sharma S/O Damodar Sharma R/O Vill-
                   Bhawanipur, P.S- Amdanda, Distt.- Bhagalpur.
            2.    Pankaj Sharma S/O Sukho Sharma @ Damodar Sharma R/O Vill-
                  Bhawanipur, P.S- Amdanda, Distt.- Bhagalpur.
            3.    Radhika Devi W/O Damodar Sharma R/O Vill- Bhawanipur, P.S- Amdanda,
                  Distt.- Bhagalpur.
            4.    Nandani Devi W/O Suman Sharma R/O Vill- Ishakchak, P.S- Ishakchak,
                  Distt.- Bhagalpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar
            2.    Baijnath Yadav S/O Late Jharan Yadav R/O Village- Antichak, P.S-
                  Antichak, Distt.- Bhagalpur

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Md. Nurul Hoda, Advocate
                  For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

2    30-01-2026                  Learned counsel for the petitioners seeks permission

                    to withdraw the application.

                                 2. Permission is granted.

                                 3. As prayed for, the petition stands dismissed as

                    withdrawn.



                                               (Sourendra Pandey, J)
krishna/-

U       T

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