Patna High Court

Mithun KumarversusThe State of Bihar

Decided: 9 January 2026
Disposal: WITHDRAWN
Bench: RAMESH CHAND MALVIYA

Holding

Permission to withdraw the application was granted, and the application was dismissed as withdrawn.

Summary

Mithun Kumar filed an application before the Patna High Court in a criminal miscellaneous proceeding. The petitioner, through counsel Mr. Sunil Kumar, sought the Court's permission to withdraw the application. The Court considered whether such permission could be granted. Justice Ramesh Chand Malviya allowed the withdrawal, dismissing the application as withdrawn. The petitioner was given liberty to file a fresh application before the appropriate forum, which may decide the matter on its merits without prejudice from this order.

Issues considered

Whether the petitioner is entitled to permission to withdraw the pending application.

Subjects

withdrawal of application
procedural law
criminal miscellaneous proceeding
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90529 of 2025
                      Arising Out of PS. Case No.-225 Year-2024 Thana- SANDESH District- Bhojpur
                 ======================================================
                 Mithun Kumar S/O Surendra Singh @ Surendra Seth R/O Village - Dihari,
                 P.s- Sandesh, District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Dr.Mrityunjaya Kr.Gautam, Advocate
                 For the Informant        ;       Mr. Pankaj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   09-01-2026                    Learned counsel for the petitioner seeks permission

                   to withdraw this application.

                                2. Permission is accorded.

                                3. Accordingly, the present application is dismissed as

                   withdrawn with liberty to the petitioner that he may file fresh

                   application before appropriate forum and the appropriate forum

                   may make decision on merit without being prejudice of this

                   order.



                                        (Ramesh Chand Malviya, J)
Mayank/-

U     T

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