Patna High Court

Hakim AnsariversusThe State of Bihar

Decided: 17 January 2026
Disposal: WITHDRAWN
Bench: SATYAVRAT VERMA

Holding

The court granted permission to withdraw the modification application, dismissing it as withdrawn.

Summary

The petitioner, Hakim Ansari, was involved in a criminal miscellaneous proceeding before the Patna High Court. He filed a modification application in the case and later approached the court seeking to withdraw that application. The learned counsel for the petitioner requested permission to withdraw, and the State opposed the request. The court examined whether the petitioner could be allowed to withdraw the pending modification application. Relying on its inherent jurisdiction to permit withdrawal of applications where no prejudice is caused, the court granted the petitioner's request. Consequently, the modification application was dismissed as withdrawn.

Issues considered

Whether the petitioner is entitled to withdraw a pending modification application in a criminal miscellaneous proceeding

Subjects

withdrawal of application
modification application
criminal miscellaneous procedure
court's inherent powers

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.89690 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.36972 of 2021
                    Arising Out of PS. Case No.-456 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur
                  ======================================================
                  Hakim Ansari S/o- Isu Mian @ Yusuf Ansari R/v- Mathbal Govind, Ps-
                  Sahebganj Dist- Muzaffarpur

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ajay Kumar Singh No. I, Advocate
                  For the Opposite Party/s :       Mr. Umeshanand Pandit, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    17-01-2026                  1. Heard learned counsel for the petitioner and the

                    learned APP for the State.

                                 2. The learned counsel for the petitioner 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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