Patna High Court
Rahul Kumar @ Rahul Kumar SahversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The Court granted permission to withdraw the application and dismissed it as withdrawn.
Summary
The petitioners, Rahul Kumar and relatives, filed an application in a criminal miscellaneous proceeding before the Patna High Court. Their counsel, Mr. Gajendra Nath Ojha, sought the Court’s permission to withdraw the application. The State, represented by Mr. Choubey Jawahar, opposed the withdrawal. The Court examined its inherent jurisdiction to allow parties to withdraw pending applications. It held that such permission may be granted at its discretion. Consequently, the Court granted the petitioners’ request and dismissed the application as withdrawn.
Issues considered
- Whether the Court may permit the withdrawal of the pending application?
Subjects
- withdrawal of application
- procedural law
- criminal miscellaneous case
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83805 of 2025
Arising Out of PS. Case No.-2179 Year-2024 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
1. Rahul Kumar @ Rahul Kumar Sah Son of Ravindra Kumar @ Nagendra
Sah Resident of village -Santha Post -Jhavan PS -Awtar Nagar District-
Saran Bihar
2. Ravindra Kumar @ Ravindra Kumar Sah @ Nagendra Sah Son of
Sudarshan Sah Resident of village -Santha Post -Jhavan PS -Awtar Nagar
District- Saran Bihar
3. Sangeeta Devi Wife of Ravindra Kumar @ Ravindra Kumar Sah @
Nagendra Sah Resident of village -Santha Post -Jhavan PS -Awtar Nagar
District- Saran Bihar
4. Subodh Kumar @ Subodh Kumar Sah son of Ravindra Kumar @ Nagendra
Sah Resident of village -Santha Post -Jhavan PS -Awtar Nagar District-
Saran Bihar
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Pooja Kumari Wife of Rahul Kumar Resident of village -Santha Post
-Jhavan PS -Awtar Nagar District- Saran Bihar At P/A- Resident of village-
Kamalpur, Post- Khanpur, Ps- Avtar nagar, Dist- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Nath Ojha, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 07-01-2026 Mr. Gajendra Nath Ojha, learned counsel for the
petitioners and Mr. Choubey Jawahar, learned counsel for the
State are present.
2. Learned counsel for the petitioners seeks
permission of this Court to withdraw the present application.
3. Permission is granted.
Patna High Court CR. MISC. No.83805 of 2025(2) dt.07-01-2026
2/2
4. Accordingly, the present application is dismissed as
withdrawn.
(Rudra Prakash Mishra, J)
manish/-
U T
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