Patna High Court
BALLABH YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The court granted permission to withdraw the application, disposing of it as withdrawn.
Summary
The petitioners, four individuals named Ballabh Yadav, Bijo Yadav, Lalan Yadav and Tuntun Yadav, filed an application in the Patna High Court in a criminal miscellaneous proceeding arising from a 2015 police case. During the hearing on 16-03-2026, the petitioners' counsel sought the court's permission to withdraw the application, citing that the passage of time had rendered it infructuous. The court considered the request and, without addressing the merits of the underlying criminal case, granted the petitioners liberty to withdraw. Consequently, the application was formally disposed of as withdrawn. The judgment explicitly states that no opinion on the merits of the case was expressed.
Issues considered
- Whether the court may permit the petitioners to withdraw their pending application at a later stage of the trial
Subjects
- withdrawal of application
- procedural law
- criminal miscellaneous proceedings
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9169 of 2024
Arising Out of PS. Case No.-225 Year-2015 Thana- MOKAMAH District- Patna
======================================================
1. Ballabh Yadav S/O Gorelal Yadav R/O Village- Baryahi, P.S- Chakiya O.P
(BARAUNI), Distt.- Begusarai.
2. Bijo @ Bichho Yadav S/O Gorelal Yadav R/O Village- Baryahi, P.S-
Chakiya O.P (BARAUNI), Distt.- Begusarai.
3. Lalan Yadav S/O Bhonu Yadav R/O Village- Baryahi, P.S- Chakiya O.P
(BARAUNI), Distt.- Begusarai.
4. Tuntun Yadav @ Langra S/O Shushil Yadav R/O Village- Baryahi, P.S-
Chakiya O.P (BARAUNI), Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 16-03-2026 Heard the parties.
2. At the very outset, the learned counsel for
petitioners seeks permission to withdraw this application with
liberty to the petitioners to raise all the points at the appropriate
stage of trial, as by the efflux of time this application has now
become infructuous.
3. Permission is accorded.
4. Accordingly, the present application is disposed of
as withdrawn with the aforesaid liberty to the petitioners.
5. It is clarified that this Court has not expressed any
Patna High Court CR. MISC. No.9169 of 2024(2) dt.16-03-2026
2/2
opinion on the merits of the case.
(Praveen Kumar, J)
Jyoti/-
U T
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