Patna High Court

Abhishek KumarversusThe State of Bihar

Decided: 1 April 2026
Disposal: WITHDRAWN
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted permission to withdraw the criminal miscellaneous application and dismissed it as withdrawn.

Summary

The petitioner, Abhishek Kumar, filed a criminal miscellaneous application before the Patna High Court. While the application was pending, he was arrested in connection with the underlying case. The petitioner, through counsel, sought the Court's permission to withdraw the pending application. The Court considered whether a withdrawal could be permitted after the petitioner’s arrest. It held that the petitioner was entitled to withdraw the application and granted the request. Consequently, the criminal miscellaneous application was dismissed as withdrawn.

Issues considered

What is the appropriate procedure for withdrawing a criminal miscellaneous application after the petitioner has been arrested?

Subjects

Criminal Procedure Code
withdrawal of application
arrest
criminal miscellaneous petition
high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.84505 of 2025
                   Arising Out of PS. Case No.-853 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua)
                   ======================================================
                   Abhishek Kumar S/o Sri Shyam Narayan Singh Resident of Village-
                   Tiyaraghat, P.S- Bhabua, Distt.- Bhabua, Kaimur.

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Dharmendra Kumar Singh, Advocate.
                   For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

2     01-04-2026                  Learned counsel for the petitioner submits that

                     petitioner has already been arrested during the pendency of the

                     present application, therefore, he seeks permission to withdraw

                     the present Cr. Misc. Application.

                                  2. Permission, as prayed for, is granted.

                                  3. Accordingly, the present Cr. Misc. Application

                     stands dismissed as withdrawn.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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