Patna High Court

Shiv Nandan Yadav@ ChutraversusThe State of Bihar

Decided: 30 January 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court granted permission to withdraw the application and allowed the petitioner liberty to file a fresh application.

Summary

Shiv Nandan Yadav filed a criminal miscellaneous application before the Patna High Court. The petitioner, through counsel Mrs. Soni Kumari, sought permission to withdraw the pending application and to file a fresh one before the lower court, arguing that the impugned order had already been challenged in another proceeding (Cr. Misc. No. 301 of 2025). The State, represented by APP Mr. Ram Priya Sharan Singh, opposed the request. After hearing both sides, the Court considered whether such withdrawal and fresh filing were permissible. The Court granted the petitioner's request, allowing the withdrawal with liberty to file a new application. Consequently, the present application was dismissed as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the present application and file a fresh application before the lower court.

Subjects

withdrawal of application
criminal miscellaneous proceedings
procedural order
permission to file fresh application

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.952 of 2026
                    Arising Out of PS. Case No.-246 Year-2024 Thana- PAKARIBARAW District- Nawada
                  ======================================================
                  Shiv Nandan Yadav@ Chutra Son of Shital Yadav RO Village- Jieuri PS-
                  Pakaribarawan District -Nawada
                                                                    ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.     Puna Yadav son of Late Baldeo Yadav Resident of Village- Geori, PS-
                   Pakaribarawan District -Nawada
                                                                 ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mrs. Soni Kumari, Advocate
                  For the Opposite Party/s :      Mr. Ram Priya Sharan Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

3    30-01-2026                  Heard Mrs. Soni Kumari, learned counsel for the

                    petitioner and Mr. Ram Priya Sharan Singh, learned APP for the

                    State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw this application with

                    liberty to file a fresh application before the learned court below

                    as the impugned order has already been assailed in Cr. Misc.

                    No. 301 of 2025.

                                 3. Permission is accorded.

                                 4. Accordingly, this application stands dismissed as

                    withdrawn with the aforesaid liberty.


                                                 (Rajesh Kumar Verma, J)

Ranjeet/-
U       T

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