Patna High Court

Dr B. N. Sinha @ Bimlendu Narayan SinhaversusThe State of Bihar

Decided: 18 February 2026
Disposal: WITHDRAWN
Bench: ANSHUMAN

Holding

The Court exercised its discretion to allow the withdrawal and dismissed the criminal miscellaneous application as withdrawn.

Summary

Dr. B.N. Sinha and Anju Sinha filed a criminal miscellaneous application before the Patna High Court. During the hearing on 18-02-2026, they sought the Court's permission to withdraw the application, stating it had become infructuous. The learned counsel for the State opposed the withdrawal. The Court considered whether a criminal miscellaneous application could be withdrawn at the petitioner's request. It held that the Court has the discretion to permit withdrawal if no prejudice is caused. Accordingly, permission was granted and the application was dismissed as withdrawn.

Issues considered

Whether the Court may grant permission to withdraw a criminal miscellaneous application on the petitioner's request

Subjects

withdrawal
criminal miscellaneous application
procedural law
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.87458 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.70299 of 2025
                    Arising Out of PS. Case No.-368 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                  ======================================================
            1.     Dr B. N. Sinha @ Bimlendu Narayan Sinha son of Late Harishankar Prasad
                   R/O- Mohalla- Salempur, P.S- Chapra Town, Distt- Saran at Chapra
            2.     Anju Sinha Wife of Dr. B.N. Sinha @ Bimlendu Narayan Sinha R/O-
                   Mohalla- Salempur, P.S- Chapra Town, Distt- Saran at Chapra
                                                                               ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Paritosh Parimal, Adv.
                  For the Opposite Party/s :      Mr.Jagdhar Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

4    18-02-2026                      Heard Learned Counsel for the petitioners and

                    Learned APP for the State.

                                 2. Learned Counsel for the petitioners seeks

                    permission to withdraw the present criminal miscellaneous

                    application as having become infructuous.

                                 3. Permission is granted.

                                 4. Accordingly, the present criminal miscellaneous

                    application is hereby dismissed as withdrawn.



                                                           (Dr. Anshuman, J)
Prakashmani/-

U      T

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