Patna High Court

Abhishek Kumar @ Abhishek Gond @ Abhishek GadeversusThe State of Bihar

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

Holding

The application is dismissed as withdrawn with liberty to approach the court later.

Summary

The petitioner, Abhishek Kumar, filed an application in a criminal miscellaneous proceeding concerning a case registered at Dhanaha police station. The petitioner’s counsel informed the court that the case records had been transferred to the Juvenile Court for age verification of the accused. Consequently, the petitioner sought to withdraw the present application and requested liberty to approach the court again if needed. The court considered the request and noted that the age verification process was pending before the Juvenile Court. Accordingly, the court dismissed the application as withdrawn while granting the petitioner the liberty to file a fresh application in the future.

Issues considered

Whether the petitioner may withdraw the application pending age verification by the Juvenile Court
Whether the court can grant liberty to the petitioner to approach again later

Subjects

Juvenile Justice
age verification
withdrawal of application
procedural liberty
criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.77796 of 2025
                   Arising Out of PS. Case No.-166 Year-2025 Thana- DHANAHA District- West Champaran
                  ======================================================
                  Abhishek Kumar @ Abhishek Gond @ Abhishek Gade Son of Chotelal Gond
                  R/o Vill.- Gobrahiya, P.S. - Dhanaha, Dist. - West Champaran, Bettiah.
                                                                             ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar
            2.     Surendra Yadav Son of Late Rameshwar Yadav R/o Devipur, P.S. - Dhanaha,
                   Dist. - West Champaran, Bihar.
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Rishabh Mishra, Advocate
                  For the Opposite Party/s :      Mr. Ahmad Ali, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    19-02-2026                    Heard learned counsel for the petitioner through

                    video conferencing and learned APP for the State.

                                 2. At the very outset, learned counsel for the petitioner

                    submits that the records of this case has been transferred to the

                    Juvenile Court for the purposes of age verification, as such he

                    does not want to press this application at this stage. However,

                    seeks liberty to approach before this Court as and when

                    occasion so arises.

                                 3. In such view of the matter, this application is

                    dismissed as withdrawn with the liberty as sought for.


                                               (Soni Shrivastava, J)

Trivedi/-
U       T

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