Patna High Court

Aman Kumar @ Aman Kumar SinghversusThe State of Bihar

Decided: 15 January 2026
Disposal: DISMISSED
Bench: SOURENDRA PANDEY

Holding

The court held that permission to withdraw the application may be granted and therefore dismissed it as withdrawn.

Summary

Aman Kumar was the accused in PS Chiraiya case No. 282 of 2024. He filed an application before the Patna High Court seeking relief. The petitioner later informed the court that he had already surrendered before the subordinate court. He therefore requested permission to withdraw the pending application. The court examined whether such a withdrawal could be permitted after surrender. Finding no legal obstacle, the court granted permission to withdraw. Accordingly, the application was dismissed as withdrawn and held infructuous. No substantive merits of the original charge were decided.

Issues considered

Whether the High Court may permit withdrawal of an application when the petitioner has already surrendered before the lower court

Subjects

withdrawal of application
surrender
criminal procedure
infructuous
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.76013 of 2025
                   Arising Out of PS. Case No.-282 Year-2024 Thana- CHIRAIYA District- East Champaran
                  ======================================================
                  Aman Kumar @ Aman Kumar Singh, S/o Harikishor Singh, R/o Village-
                  Jogia, P.S.- Harsidhi, District- East Champaran.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Samir Kumar, Adv.
                  For the Opposite Party/s :       Mr. Md. Mushtaque Alam, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

3    15-01-2026                  The learned counsel for the petitioner seeks

                    permission to withdraw this application as the petitioner,

                    namely, Aman Kumar @ Aman Kumar Singh has already

                    surrendered before the learned Court below in connection with

                    Chiraiya P.S. Case No. 282 of 2024.

                                 2. Permission is accorded.

                                 3. Dismissed as withdrawn as having become

                    infructuous.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T

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