Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

Permission to withdraw the application was granted and the petition dismissed as withdrawn.

Summary

The petitioners, Nitish Kumar and Jiveet Kumar, filed a criminal miscellaneous application before the Patna High Court after the trial court had completed the trial and acquitted them. They sought the Court’s permission to withdraw this application, arguing that there was no longer any need for further proceedings. The learned counsel for the petitioners moved that the application be withdrawn, and the Court considered whether such a withdrawal could be permitted post‑acquittal. The Court held that, since the trial was concluded and the petitioners were already acquitted, there was no justification to continue the pending application. Accordingly, the Court granted permission to withdraw the application and dismissed the petition as withdrawn.

Issues considered

Whether permission can be granted to withdraw a criminal miscellaneous application after the trial court has acquitted the petitioners

Subjects

withdrawal of application
acquittal
criminal miscellaneous
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.73871 of 2025
                         Arising Out of PS. Case No.-94 Year-2025 Thana- DEV District- Aurangabad
                  ======================================================
            1.     Nitish Kumar S/O Vijay Ram R/O Village- Raja Kurka, P.S- Deo, District-
                   Aurangabad, Bihar
            2.    Jiveet Kumar S/O Vinod Ram @ Vinod Rama R/O Village- Raja Kurka, P.S-
                  Deo, District- Aurangabad, Bihar

                                                                                     ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    X D/O Late Ashok Chaudhary R/O Village- Shankarpur, P.S- Jamhore,
                  District- Aurangabad, Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Ms. Rupa Kumari, Advocate
                  For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

3    08-01-2026                  Learned counsel for the petitioners seeks permission

                    to withdraw this application as the trial has already been

                    completed and the petitioners have been acquitted by the

                    learned trial court.

                                 2. Permission is accorded.

                                 3. As prayed for, the petition stands dismissed as

                    withdrawn.



                                               (Sourendra Pandey, J)
krishna/-

U       T

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