Patna High Court

Nitesh Kumar Yadav @ Nitesh YadavversusThe State of Bihar

Decided: 19 February 2026
Disposal: WITHDRAWN
Bench: R P MISHRA

Holding

The application was dismissed as withdrawn.

Summary

The petitioner, Nitesh Kumar Yadav, filed a criminal miscellaneous application before the Patna High Court arising from a police case. The petitioner had already been acquitted by the trial court. Counsel for the petitioner sought permission to withdraw the pending application. The issue before the Court was whether the application could be withdrawn after the acquittal. The Court found no impediment to withdrawal and granted the request. Accordingly, the application was dismissed as withdrawn.

Issues considered

Whether the petitioner may withdraw the pending application after being acquitted by the lower court

Subjects

withdrawal of application
acquittal
criminal procedure
high court order

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.73458 of 2025
                           Arising Out of PS. Case No.-239 Year-2025 Thana- MANJHI District- Saran
                    ======================================================
                    Nitesh Kumar Yadav @ Nitesh Yadav Son of Suresh Yadav R/o Village -
                    Bhalua Khurd, P.S. - Manjhi, District - Saran at Chapra.

                                                                                      ... ... Petitioner/s
                                                          Versus
               1.   The State of Bihar
               2.   Jyoti Kumari D/o Upendra Sah R/o Village - Bhalua Khurd, P.S. - Manjhi,
                    District - Saran at Chapra.

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr. Avinash Kumar Pandey, Advocate
                    For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                    MISHRA
                                          ORAL ORDER

6   19-02-2026                     Learned counsel for the petitioner seeks permission of

                      the Court to withdraw the present application as the petitioner

                      has already been acquitted by the learned court below.

                                   2. Permission is accorded.

                                   3. Accordingly, the present application stands

                      dismissed as withdrawn.



                                            (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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