Patna High Court

Surya Narayan MistriversusThe District Manager Bihar State Food Corporation, Katihar

Decided: 6 February 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court held that the petitioner may withdraw the modification application and dismissed it as withdrawn.

Summary

Surya Narayan Mistri filed a petition seeking modification of an order in a criminal miscellaneous proceeding. The petitioner later requested permission to withdraw the modification application. The court considered the petitioner's request and the arguments of the State and the respondent, Bihar State Food Corporation. The judge granted permission to withdraw the application. Consequently, the modification application was dismissed as withdrawn, effectively disposing of the petition.

Issues considered

Whether the petitioner is entitled to withdraw the modification application

Subjects

withdrawal of application
modification petition
procedural discretion
criminal miscellaneous proceedings

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.84799 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.47969 of 2022
                         Arising Out of PS. Case No.-400 Year-2021 Thana- KORHA District- Katihar
                  ======================================================
                  Surya Narayan Mistri son of Jay Ram Mistri Resident of Village- Bhatwara
                  PS- Korha District -Katihar
                                                                              ... ... Petitioner/s
                                                    Versus
                  The District Manager Bihar State Food Corporation, Katihar Bihar
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Bimal Kumar, Advocate
                  For the Opposite Party/s :        Mr. Shailendra Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

4    06-02-2026                     1. Heard learned counsel for the petitioner, learned

                    A.P.P. for the State and the learned counsel appearing on behalf

                    of Bihar State Food Corporation.

                                    2. The learned counsel for the petitioner, after some

                    arguments, seeks permission to withdraw the modification

                    application.

                                    3. Permission is accorded.

                                    4. Accordingly, the modification application is

                    dismissed as withdrawn.



                                                           (Satyavrat Verma, J)
Rishabh/-

U      T

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