Patna High Court

Anil KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The court held that permission to withdraw the application may be granted when the trial is concluded.

Summary

Anil Kumar and Lallu Gond filed a petition in the Patna High Court against the State of Bihar. After the trial concluded, their counsel, Mr. Manish Rai Sharma, sought the court's permission to withdraw the pending application. The court considered whether a party may be allowed to withdraw an application once the trial is over and the case is posted for judgment. Justice Soni Shrivastava granted the request, noting that the trial's conclusion justified the withdrawal. Consequently, the application was dismissed as withdrawn and the matter was set for judgment on the merits of the original case.

Issues considered

Whether the court may permit withdrawal of an application after the trial has concluded and the case is posted for judgment

Subjects

withdrawal of application
criminal procedure
trial concluded
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.73981 of 2025
                      Arising Out of PS. Case No.-45 Year-2025 Thana- KORANSARAI District- Buxar
                  ======================================================
            1.     Anil Kumar son of Raj Kumar Gond Resident of village-Koransarai, Police
                   Station- Koransarai, District-Buxar
            2.    Lallu Gond Son of Bacchan Gond Resident of village-Dumraon, Police
                  Station-Dumraon, District-Buxar

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Manish Rai Sharma, Advocate
                  For the Opposite Party/s :      Mr. Binod Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

3    19-02-2026                  At the very outset, Mr. Manish Rai Sharma, learned

                    counsel for the petitioners, seeks permission to withdraw this

                    application on account of the fact that the trial has now been

                    concluded and the case has been posted for judgment.

                                 2. Permission is accorded.

                                 3. Accordingly, this application is dismissed as

                    withdrawn.


                                               (Soni Shrivastava, J)

Trivedi/-

U       T

Continue reading with your account

Checking your session…