Patna High Court
Dhrup YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SOURENDRA PANDEY
Holding
Permission to withdraw was granted and the application was dismissed as infructuous.
Summary
The petitioners, Dhrup Yadav and Nagendra Yadav, filed an application before the Patna High Court seeking permission to withdraw the proceedings. They informed the Court that they had already surrendered in the underlying Yogapatti Police Station case No. 403 of 2025. The learned counsel, Mr. Brij Kishor Mishra, requested that the Court allow the withdrawal. The Court examined whether such permission could be granted and whether the application would become infructuous upon surrender. It held that permission could indeed be granted and consequently dismissed the application as infructuous. The order was pronounced by Justice Sourendra Pandey.
Issues considered
- Whether the petitioners may be permitted to withdraw their application after surrendering in the underlying case
- Whether the application becomes infructuous upon such surrender
Subjects
- withdrawal of application
- infructuous
- surrender
- criminal miscellaneous proceedings
- permission to withdraw
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9675 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- JOGAPATTI District- West Champaran
======================================================
1. Dhrup Yadav S/O Late Daroga Yadav;
2. Nagendra Yadav @ Nagindra Yadav S/O Late Daroga Yadav
Both are R/O Village- Chorahi Bariyarpur, Police Station- Yogapatti,
District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Adv.
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 23-02-2026 Mr. Brij Kishor Mishra, the learned counsel for
the petitioners, seeks permission to withdraw this
application as the petitioners, namely, Dhrup Yadav and
Nagendra Yadav @ Nagindra Yadav, have already
surrendered before the learned Court below in connection
with Yogapatti P.S. Case No. 403 of 2025.
2. Permission is accorded.
3. The application stands dismissed as having
Patna High Court CR. MISC. No.9675 of 2026(2) dt.23-02-2026
2/2
become infructuous.
(Sourendra Pandey, J)
Praveen-II/-
U T
Checking your session…