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Patna High Court

Dulli YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court granted permission to withdraw the application, resulting in its dismissal as withdrawn.

Summary

The petitioner, Dulli Yadav, filed an application before the Patna High Court seeking permission to withdraw the pending application, stating that he had already been acquitted in the underlying criminal case. The State of Bihar opposed the withdrawal. The petitioner’s counsel, Mr. Bipin Kumar, reiterated the request for withdrawal. The Court examined whether a party may withdraw an application after acquittal and found no legal impediment. Consequently, the Court granted permission to withdraw. The application was thereafter dismissed as withdrawn.

Issues considered

  • Whether a petitioner may be permitted to withdraw an application after being acquitted in the substantive criminal case

Subjects

  • withdrawal of application
  • acquittal
  • criminal procedure
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9375 of 2026
                   Arising Out of PS. Case No.-102 Year-2000 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Dulli Yadav Son of Late Masudan Yadav R/o Village - Punadih, P.S. - Karja,
                 Dist. - Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Bipin Kumar, Advocate
                 For the State           :        Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   31-03-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Learned counsel for the petitioner seeks permission

                   to withdraw this application as the petitioner has already been

                   acquitted.

                                 3. Permission is accorded.

                                 4. Accordingly, the application stands dismissed as

                   withdrawn.


                                                                     (Sandeep Kumar, J)

P. Kumar

U     T


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