Patna High Court

Brijbihari KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: WITHDRAWN
Bench: R P MISHRA

Holding

The court held that the petitioner may withdraw the application with the court's permission, and therefore the application was dismissed as withdrawn.

Summary

The petitioner, Brijbihari Kumar, after being convicted by the lower court, filed an application before the Patna High Court. He subsequently sought the court's permission to withdraw that application, arguing that the conviction rendered the application moot. The sole issue before the court was whether a petitioner may withdraw an application after a conviction and whether such withdrawal requires the court's sanction. Justice Rudra Prakash Mishra held that the petitioner could be allowed to withdraw the application, subject to the court's permission. Accordingly, the court granted the request and dismissed the pending application as withdrawn.

Issues considered

Whether a petitioner may withdraw an application after being convicted by a lower court
Whether court permission is required to withdraw such an application

Subjects

withdrawal of application
criminal procedure
court permission
conviction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79000 of 2025
                 Arising Out of PS. Case No.-94 Year-2024 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Brijbihari Kumar S/o- Shiv Narayan Sahani @ Shivnarayan Chaudhary
                 Village- Bairiyadih, P.S.- Hasidhi, District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Kant Singh, Advocate
                 For the Opposite Party/s :      Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   06-02-2026                    Learned counsel for the petitioner seeks permission

                   of the       Court to withdraw the present application as the

                   petitioner has already been convicted by the learned court

                   below.

                                2. Permission is accorded.

                                3. Accordingly, the present application stands

                   dismissed as withdrawn.



                                         (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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