Patna High Court

Shiv Kumar Dash @ Shiv Kumar DasversusThe State of Bihar

Decided: 17 March 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

Permission to withdraw the application was granted and the application was dismissed as withdrawn.

Summary

Shiv Kumar Dash filed an application in Criminal Miscellaneous No.86788 of 2025 before the Patna High Court. The application sought relief (unspecified) and was later moved to be withdrawn. The petitioner, through counsel Mr. Madhurendra Kumar, requested the court's permission to withdraw the application. The State, represented by Mr. Yogendra Kumar, was present and did not oppose the withdrawal. The court examined whether a party may withdraw an application without prejudice and held that procedural rules permit such withdrawal upon the court's permission. Accordingly, Justice Rajesh Kumar Verma granted the request. The application was ordered dismissed as withdrawn.

Issues considered

Whether the petitioner may withdraw the pending application in a criminal miscellaneous proceeding
Whether the court’s permission is required for withdrawal of such an application

Subjects

withdrawal of application
criminal miscellaneous proceedings
procedural law
court permission

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.86788 of 2025
                      Arising Out of PS. Case No.-104 Year-2016 Thana- SANGRAMPUR District- East
                                                        Champaran
                  ======================================================
                  Shiv Kumar Dash @ Shiv Kumar Das S/O Dev Nath Das Resident of Village
                  - Mishra Gram, P.S. - Sangrampur, District - East Champaran

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Madhurendra Kumar, Advocate
                  For the Opposite Party/s :      Mr. Yogendra Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

4    17-03-2026                     Mr. Madhurendra Kumar, learned counsel for the

                    petitioner seeks permission to withdraw this application in

                    presence of Mr. Yogendra Kumar, learned APP for the State.

                                 2. Permission is accorded.

                                 3. Accordingly, the present application stands

                    dismissed as withdrawn.



                                           (Rajesh Kumar Verma, J)
Vanisha/-

U      T

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