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Patna High Court

Piyush Kumar @ Piyush AnandversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court granted permission to withdraw the petition and dismissed the case as withdrawn.

Summary

The petitioner, Piyush Kumar, filed a criminal miscellaneous petition before the Patna High Court. During the pendency of the case, he was arrested. His counsel sought the court's permission to withdraw the petition on the ground of his arrest. The court examined whether a petitioner may be allowed to withdraw a criminal proceeding after arrest. It held that the court has discretion to permit withdrawal of such petitions. Accordingly, permission was granted and the case was dismissed as withdrawn.

Issues considered

  • Whether a petitioner may be permitted to withdraw a criminal miscellaneous petition after being arrested

Subjects

  • withdrawal of criminal proceedings
  • petitioner's right to withdraw
  • criminal miscellaneous case
  • court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.82072 of 2025
                        Arising Out of PS. Case No.-57 Year-2025 Thana- Safiyasarai District- Munger
                  ======================================================
                  Piyush Kumar @ Piyush Anand Son of Nand Kishor Pandit Resident of
                  Village - Gauripur, P.S.- Safiasarai, District - Munger.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Indu Bhushan, Advocate
                  For the Opposite Party/s :        Mr. Rajendra Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

2    08-01-2026                     Learned counsel for the petitioner seeks permission

                    to withdraw this case, since during the pendency of this case,

                    petitioner has been arrested.

                                 2. Permission is accorded.

                                 3. Accordingly, the present case is dismissed as

                    withdrawn.



                                               (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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