Patna High Court

Ali Ahmad @ MunnaversusThe State of Bihar

Decided: 12 February 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The court permitted the withdrawal of the application, dismissing it as withdrawn.

Summary

The petitioner, Ali Ahmad @ Munna, filed an application before the Patna High Court seeking permission to withdraw the pending application so that he could approach the court after the charge is framed. The State of Bihar opposed the request. The petitioner’s counsel, Mr. Mohd Rustam Hussain, prayed for the withdrawal, while the State’s counsel, Mr. Mohammad Sufyan, appeared as an APP. The Hon’ble Justice Smt. Soni Shrivastava considered the prayer and granted liberty to the petitioner to withdraw the application. Consequently, the application was dismissed as withdrawn, allowing the petitioner to re‑approach the court after charge framing.

Issues considered

Whether the petitioner may be permitted to withdraw the present application and approach the court after the charge is framed?

Subjects

Criminal Procedure Code
Withdrawal of Application
Charge Framing
High Court Order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.71924 of 2025
                   Arising Out of PS. Case No.-44 Year-2025 Thana- NAKARDEI District- East Champaran
                  ======================================================
                  Ali Ahmad @ Munna S/O Tahir Miya @ Tahir Hussain @ Tahir Miyan R/O
                  Vill - Sirisiya Mal, P.O - Nakardei, P.S - Nakardei,Dist- East Champaran,
                  Bihar-845305

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Mohd Rustam Hussain, Advocate
                  For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    12-02-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. Learned counsel for the petitioner prays for

                    withdrawal of the present application in order to approach this

                    Court after framing of charge.

                                 3. Permission is accorded.

                                 4. Accordingly, this application is dismissed as

                    withdrawn with the aforesaid liberty.



                                               (Soni Shrivastava, J)
anand/-
U       T

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