Patna High Court

Surendra KumarversusThe State of Bihar

Decided: 9 April 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The Court held that the petitioner’s application may be withdrawn and therefore dismissed as withdrawn.

Summary

The petitioner, Surendra Kumar, filed an application in a criminal miscellaneous case (No.84425 of 2025) arising from a complaint case in Patna. The petitioner later sought the Court's permission to withdraw that application. The learned counsel for the petitioner requested the withdrawal, and the Court considered whether such a withdrawal could be permitted. Justice Praveen Kumar granted the request, stating that the Court would not express any opinion on the merits of the underlying case. Consequently, the application was dismissed as withdrawn, leaving the substantive issues unresolved.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application?

Subjects

withdrawal of application
criminal miscellaneous proceedings
procedural law

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.84425 of 2025
                    Arising Out of PS. Case No.-708 Year-2022 Thana- COMPLAINT CASE - BARH District-
                                                            Patna
                   ======================================================
                   Surendra Kumar S/o Late Ram Bilash Ray R/o Village- Naya Tola,
                   Bariyarpur, P.S.- Bakhtiyarpur, Distt- Patna

                                                                                  ... ... Petitioner/s
                                                        Versus
              1.   The State of Bihar
              2.   Ashok Kumar Nirala S/o Late Baleshwar Prasad R/o Vill- Kishanpur, P.S.-
                   Belchhi, Distt- Patna

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :      Mr. Deovind Kumar Singh, Advocate
                   For the Opposite Party/s :      Md. Anzarul Haque Sahara, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2     09-04-2026                    Heard the parties.

                                  2. At the very outset, learned counsel for the

                     petitioner seeks permission to withdraw this application.

                                  3. Permission is accorded.

                                  4. Accordingly, the present application is dismissed as

                     withdrawn.

                                  5. It is clarified that this Court has not expressed any

                     opinion on the merits of the case.



                                                (Praveen Kumar, J)
Jyoti/-

U         T

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