Patna High Court

Bhai Bhushan BihariversusThe State of Bihar

Decided: 31 January 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court held that the petitioner may withdraw the application and the application is dismissed as withdrawn.

Summary

The petitioner, Bhai Bhushan Bihari, filed an application in a criminal miscellaneous proceeding before the Patna High Court. He later sought the court’s permission to withdraw that application, requesting liberty to approach the appropriate forum once charges are framed against him. The State, represented by an Assistant Public Prosecutor, opposed the withdrawal. The learned counsel for the petitioner argued that withdrawal would not prejudice the State and would conserve judicial resources. The Court, after hearing both sides, granted the petitioner's request, allowing the withdrawal and directing that the application stand dismissed as withdrawn.

Subjects

withdrawal of application
criminal miscellaneous proceeding
procedural order
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.82166 of 2025
                       Arising Out of PS. Case No.-85 Year-2025 Thana- BARGAINIA District- Sitamarhi
                   ======================================================
                   Bhai Bhushan Bihari Son of Methur Sah Resident of Village- Nandwara Ward
                   No. 05, P.S.- Bairganiya, District- Sitamarhi

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :        Mr. Birendra Kumar, Advocate
                   For the State           :        Mr. Raj Ballabh Singh, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

4     31-01-2026                     Heard Mr. Birendra Kumar, learned counsel for the

                     petitioner and Mr. Raj Ballabh Singh, learned APP for the State.

                                   2. After some arguments, learned counsel for the

                     petitioner seeks permission to withdraw the application with the

                     liberty to move before the appropriate forum when the charge

                     has been framed against the petitioner.

                                   3. Permission is accorded.

                                   4. With the aforesaid liberty, the application stands

                     dismissed as withdrawn.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

U          T

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