Patna High Court

Sunil KumarversusThe State of Bihar

Decided: 11 March 2026
Disposal: WITHDRAWN
Bench: R P MISHRA

Holding

The court held that the petitioner may be permitted to withdraw the application.

Summary

Sunil Kumar filed an application before the High Court of Patna seeking permission to withdraw a pending application in a criminal miscellaneous case. The petitioner argued that the case was already fixed for judgment in the lower court and therefore wished to withdraw. The court considered whether such permission could be granted without prejudice to the proceedings. It held that the petitioner could be allowed to withdraw the application. Consequently, the court granted permission and dismissed the application as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application

Subjects

withdrawal of application
criminal procedure
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.88655 of 2025
                    Arising Out of PS. Case No.-526 Year-2023 Thana- UDWANTNAGAR District- Bhojpur
                  ======================================================
                  Sunil Kumar S/o Bhagwan Singh @ Shree Bhagwan Singh Resident of
                  Village- Bhaluni, P.S.- Narayanpur, Dist.- Bhojpur

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Sahja Nand Sharma, Advocate
                  For the Opposite Party/s :      Mr.Nirmal Kumar Sinha, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                  MISHRA
                                        ORAL ORDER

4    11-03-2026                     Mr. Sahja Nand Sharma, learned counsel for the

                    petitioner submits that the case is fixed for judgment in the

                    court below and, as such, seeks permission of this Court to

                    withdraw this application.

                                 2. Permission is accorded.

                                 3. The application is dismissed as withdrawn.



                                          (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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