Patna High Court

VIJENDRA KUMAR @ ASHISH KUMARversusTHE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HOME DEPTT., GOVT. OF BIHAR,PATNA.

Decided: 19 January 2026
Disposal: WITHDRAWN
Bench: JITENDRA KUMAR

Holding

The court held that the petitioners may be allowed to withdraw the petition, subject to liberty to take appropriate steps later.

Summary

Vijendra Kumar and Alok Kumar filed a criminal writ petition before the Patna High Court challenging actions of the State of Bihar and its police officials. After hearing, the petitioners sought the court's permission to withdraw the petition while retaining the liberty to take appropriate steps at a later stage. The court considered whether such a withdrawal could be permitted at this juncture. It granted the petitioners' request, allowing the withdrawal with liberty to act later if advised. Consequently, the petition was dismissed as withdrawn.

Issues considered

Whether the petitioners may be permitted to withdraw the criminal writ petition at this stage of the proceedings

Subjects

criminal writ
petition withdrawal
high court
procedural law
Bihar

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Writ Jurisdiction Case No.1108 of 2021
                      Arising Out of PS. Case No.-104 Year-2021 Thana- MAHARAJGANJ District- Siwan
                   ======================================================
             1.     Vijendra Kumar @ Ashish Kumar S/O Arbind Kumar R/O Village-Nakhas
                    Chowk Maharajganj, P.S-Maharajganj, District-Siwan.
             2.    Alok Kumar @ Alok Prakash S/O Dip Narayan Singh R/O Village-Kapiya
                   Nijamat, Maharajganj, P.S-Maharajganj, District-Siwan.
                                                                          ... ... Petitioner/s
                                                    Versus
             1.    The State Of Bihar Through Principal Secretary, Home Deptt., Govt. Of
                   Bihar, Patna.
             2.    The Director General Of Police, Govt. Of Bihar, Patna.
             3.    The Inspector General Of Police, Siwan.
             4.    Deputy Inspector General Of Police, Siwan.
             5.    The Superintendent Of Police, Siwan.
             6.     Ashok Kumar Singh, S.H.O. Maharajganj, District-Siwan.
                                                                         ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :        Mrs. Indira Kumari, Advocate
                   For the State          :        Mr. Sheo Shankar Prasad, SC-8
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                         ORAL ORDER

6     19-01-2026                   After some arguments, learned counsel for the

                     petitioners is seeking permission to withdraw the present

                     petition with liberty to take appropriate steps at appropriate

                     stage, if so advised.

                                   2. Permission is accorded.

                                   3. Accordingly, the present petition is dismissed as

                     withdrawn with the aforesaid liberty, as sought for.


                                                               (Jitendra Kumar, J)
shoaib/-
U        T

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