Created by Fuzzy Cloud

Patna High Court

Madhav KumarversusThe State of Bihar through the Secr., Dept. of Prohibition, Excise and Registration, Govt. of Bihar

Decided
Disposal
WITHDRAWN

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum.

Summary

The petitioner, Madhav Kumar, filed a criminal writ petition before the Patna High Court challenging actions of various state officials. During the proceedings, the petitioner's counsel sought permission to withdraw the writ petition, requesting liberty to pursue the matter in a suitable forum and to have the certified copies returned. The court considered whether a writ petition could be withdrawn with such liberty. The learned Justice Arun Kumar Jha allowed the prayer, granting the withdrawal and liberty to approach an appropriate forum. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

  • Whether a criminal writ petition may be withdrawn with liberty to pursue the matter in an appropriate forum.

Subjects

  • writ petition
  • withdrawal
  • procedural law
  • High Court
  • criminal jurisdiction

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Writ Jurisdiction Case No.2671 of 2025
                         Arising Out of PS. Case No.-95 Year-2024 Thana- SINDHUGAR District- Gaya
                    ======================================================
                    Madhav Kumar S/o- Vidyapati Yogendra Nath Village- Bochahachak Arya
                    Vihar Colony, AIMS Road PS- Phulwarisharif Dist- Patna
                                                                               ... ... Petitioner/s
                                                        Versus
               1.    The State of Bihar through the Secretary, Dept. of Prohibition, Excise and
                     Registration, Govt. of Bihar Bihar
               2.   The Excise Commissioner cum Inspector General of Registration, Bihar,
                    Patna Bihar
               3.   The Assistant Commissioner, Prohibition , Gaya Bihar
               4.   The Officer in Charge, Sindugarh, Gaya Bihar
                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s   :        Mr.Brijeshwar Narayan Singh, Advocate
                    For the Respondent/s   :        Mr. Venkatesh Kirti, AC to GA-2
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                          ORAL ORDER

2    03-02-2026                        The learned counsel for the petitioners seeks

                      permission to withdraw the present writ petition with liberty to

                      take recourse of law in an appropriate proceeding before the

                      appropriate forum. Further, the learned counsel prays that the

                      certified copies submitted along with the brief may be returned

                      to him and he will substitute the photocopies of the same in the

                      case file.

                                   2. Prayer is allowed.

                                   3. Accordingly, this writ petition is dismissed as

                      withdrawn with the liberty as aforesaid.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.