Patna High Court

UPENDRA YADAV @ UPENDRA KUMAR YADAVversusThe State of Bihar

Decided: 29 January 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The court permitted the petitioner to withdraw the application, dismissing it as withdrawn.

Summary

The petitioner, Upendra Yadav, filed an application in a criminal miscellaneous proceeding. During the hearing on 29‑01‑2026, the petitioner’s counsel sought permission to withdraw the application, stating that the stage of the case had changed. The court considered the request and granted permission to withdraw. Consequently, the application was dismissed as withdrawn, but the petitioner was allowed to raise his arguments at a later appropriate stage. No substantive merits of the original application were addressed.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application?

Subjects

withdrawal of application
procedural law
criminal miscellaneous
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.73916 of 2022
                       Arising Out of PS. Case No.-167 Year-2017 Thana- NASRIGANJ District- Rohtas
                  ======================================================
                  Upendra Yadav @ Upendra Kumar Yadav Son Of Late Nand Kumar Singh
                  R/V- Pokhrahan, P.S.- Nasriganj, District- Rohtas
                                                                    ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar
            2.     CHANDAN KUMAR Son of Late Raju Kumar Singh R/v- Pokhrahan, P.S.-
                   Nasriganj, District- Rohtas
                                                             ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Sanjay Kumar Tiwary, Advocate
                  For the Opposite Party/s :       Mr. Satyendra Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    29-01-2026                    Heard Mr. Sanjay Kumar Tiwary, learned counsel

                    for the petitioner and Mr. Satyendra Prasad, learned APP for the

                    State.

                                   2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw this application as the

                    stage of the case has changed.

                                    3. Permission is granted.

                                    4. Accordingly, the instant application is dismissed

                    as withdrawn. However, the petitioner is at liberty to raise all his

                    arguments at an appropriate stage.



                                               (Soni Shrivastava, J)
anand/-
U       T

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