Patna High Court

Krishna Kumar @ Kishna SinghversusThe State of Bihar

Decided: 9 January 2026
Disposal: WITHDRAWN
Bench: ANSHUMAN

Holding

The court held that permission to withdraw the case may be granted and the restoration application dismissed as withdrawn.

Summary

The petitioner, Krishna Kumar, filed a criminal miscellaneous petition (No.90799 of 2025) arising from a police case registered in 2023. The petitioner, through counsel Mr. Ajay Kumar Singh, sought permission to withdraw the case on the ground that it had become infructuous. The State, represented by APP Mr. Shyameshwar Dayal, opposed the withdrawal. Justice Dr. Anshuman considered whether the court could grant such permission and dismiss the pending restoration application. Finding no impediment, the court granted the petitioner's request and ordered the restoration application dismissed as withdrawn. The order effectively terminates the proceedings against the petitioner.

Issues considered

Whether the court may grant permission to withdraw a criminal miscellaneous petition on the ground of infructuity
Whether the pending restoration application should be dismissed upon withdrawal

Subjects

withdrawal of criminal case
infructuous petition
restoration application
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.90799 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.22495 of 2025
                          Arising Out of PS. Case No.-540 Year-2023 Thana- PIRO District- Bhojpur
                  ======================================================
                  Krishna Kumar @ Kishna Singh S/O Late Kameshwar Singh @ Kameshwar
                  @ Jhagaru Singh Resident of Village- Loharadih, P.S- Rajpur, District-
                  Rohtas at Sasaram.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Ajay Kumar Singh, Adv.
                  For the Opposite Party/s :        Mr.Shyameshwar Dayal, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

2    09-01-2026                      Heard Learned Counsel for the petitioner and

                    Learned APP for the State.

                                 2. Learned Counsel for the petitioner seeks permission

                    to withdraw this case as having become infructuous.

                                 3. Permission is granted.

                                 4. Accordingly, the present restoration application is

                    hereby dismissed as withdrawn.



                                                                (Dr. Anshuman, J)
Prakashmani/-

U

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