Patna High Court

Bimal YadavversusThe State of Bihar

Decided: 1 April 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The court granted permission to withdraw the application, dismissing it as withdrawn.

Summary

The petitioner, Bimal Yadav, filed an application before the High Court of Patna. He later sought the court’s permission to withdraw that application, stating that the impugned order had already been challenged in Criminal Miscellaneous No. 30352 of 2022. The learned counsel for the petitioner requested liberty to file a fresh application before the lower court. The court, exercising its inherent jurisdiction, granted permission to withdraw the pending application. Consequently, the application was dismissed as withdrawn, with liberty to file a fresh petition. No substantive merits of the original dispute were addressed.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application and obtain liberty to file a fresh petition before the lower court.

Subjects

withdrawal of application
criminal miscellaneous
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9363 of 2026
                    Arising Out of PS. Case No.-139 Year-2017 Thana- KUSHESHWARASTHAN District-
                                                         Darbhanga
                  ======================================================
                  Bimal Yadav S/o Jhatahu Yadav @ Zatahu Yadav R/o Village- Kasimpur, P.S-
                  Kusheshwar Asthan, Dist- Darbhanga.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Shekhar Kumar Singh, Advocate
                  For the Opposite Party/s :     Mr. Ahmad Ali, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

3    01-04-2026                          Heard learned counsel for the petitioner and

                    learned Additional Public Prosecutor for the State.

                                    2. Learned counsel for the petitioner seeks

                    permission to withdraw this application with liberty to file a

                    fresh before the learned court below as the impugned order has

                    already been assailed in Cr. Misc. No. 30352 of 2022.

                                   3. Permission is accorded.

                                   4. Accordingly, this application stands dismissed as

                    withdrawn with the aforesaid liberty.



                                           (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T

Continue reading with your account

Checking your session…