Patna High Court

Md. Moeen Ajaz Khan @ Md. Moen Ajaj Khan @ Md. Moen AjajversusThe State of Bihar

Decided: 21 April 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The court granted permission to withdraw the application and dismissed it as withdrawn.

Summary

The petitioner, Md. Moeen Ajaz Khan, filed an application in a criminal miscellaneous case and later sought permission to withdraw it. The learned counsel, Mr. Jitendra Kumar, requested the court’s leave to withdraw the application. Justice Praveen Kumar granted the permission, ordering that the application be dismissed as withdrawn. The court explicitly stated that it did not express any opinion on the merits of the underlying case. Consequently, the proceedings on the application were terminated without any substantive adjudication.

Issues considered

Whether the court may grant permission to withdraw a pending application in a criminal miscellaneous proceeding

Subjects

withdrawal of application
criminal miscellaneous procedure
court permission
procedural dismissal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.86427 of 2025
                     Arising Out of PS. Case No.-381 Year-2024 Thana- COMPLAINT CASE - RAXAUL AT
                                             MOTIHARI District- East Champaran
                   ======================================================
                   Md. Moeen Ajaz Khan @ Md. Moen Ajaj Khan @ Md. Moen Ajaj S/O Md.
                   Ajaz Akhter Khan R/O Flat No. 1105, Imperial Tower, Xaviers Urbtech,
                   Sector- 168, Noida, P.O- Maharishi Nagar, P.S- Express Way, Distt.- Gautam
                   Buddha Nagar (U.P.)-201304.
                                                                            ... ... Petitioner/s
                                                     Versus
              1.    The State of Bihar
              2.    Raunak Khatoon D/O Sheikh Anayatullah R/O Bhaijaan Murga Farm, Near
                    Shankar Mandir, P.O and P.S- Ramgarhwa, Distt.- East Champaran (Bihar),-
                    845433.
                                                                       ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :     Mr. Jitendra Kumar, Advocate
                   For the Opposite Party/s :     Mr. Sanjay Kumar, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2     21-04-2026                    Heard the parties.

                                  2. At the very outset, Mr. Jitendra Kumar, 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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