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Patna High Court

HARIHAR PRASADversusThe State of Bihar through the Director General of Police, Government of Bihar.

Decided
Disposal
WITHDRAWN

Holding

The court held that the petition may be withdrawn with liberty to approach appropriate proceedings.

Summary

Harihar Prasad filed a criminal writ petition in the Patna High Court challenging actions of the State of Bihar and several officials. The petitioner sought permission to withdraw the petition while retaining the right to pursue appropriate legal remedies elsewhere. The court considered whether such withdrawal with liberty to approach other proceedings could be permitted. After hearing counsel, the court granted the petitioner's request. Consequently, the petition was dismissed as withdrawn, allowing the petitioner to seek redress in other appropriate forums.

Issues considered

  • Whether the petitioner may withdraw the petition with liberty to approach appropriate proceedings

Subjects

  • withdrawal of petition
  • civil procedure
  • high court
  • criminal writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.741 of 2022
                                     Arising Out of PS. Case No.- Year-0 Thana- District-
                 ======================================================
                 Harihar Prasad Son of Late Munshi Singh Resident of Village - Rajwa, P.S.
                 Hilsa, District- Nalanda, presently residing at 702/E3 R.R.B Colony, Ratu
                 Road , Ranchi Asha Press Sukhdeo Nagar Hehal Ranchi, Jharkhand.

                                                                                            ... ... Petitioner/s
                                                            Versus

           1.    The State of Bihar through the Director General of Police, Government of
                 Bihar. Bihar
           2.    The District Magistrate, Nalanda. Bihar
           3.    The Superintendent of Police, Nalanda. Bihar
           4.    The Station House officer, Hilsa Police Station, Nalanda. Bihar
           5.    The Cirlce officer, Hilsa, Nalanda. Bihar
           6.    The Sub Divisional officer, Hilsa, Nalanda. Bihar
           7.    Ganori Paswan Son of Ram Khelawan Paswan Resident                                            of
                 Village- ..............., Post ..............., P.S.-................, District - Nalanda.
           8.    Satendra paswan Son of Ram Khelawan Paswan Resident                                          of
                 Village- ..............., Post ..............., P.S.-................, District - Nalanda.
           9.    Shiv Kumar paswan Son of Ram Khelawan Paswan Resident of
                 Village- ..............., Post ..............., P.S.-................, District - Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :         Mr. Rajendra Prasad, Sr. Advocate
                                                      Mr. Pramod Kumar, Advocate
                                                      Mr. Ritesh Kumar, Advocate
                                                      Mr. Dhirendra Kumar, Advocate
                                                      Ms. Srishti, Advocate
                 For the Respondent/s       :         Mr. M. Nasrul Huda Khan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

7   13-01-2026                       Learned counsel for the petitioner seeks permission

                   to withdraw the present petition with a liberty to have recourse

                   of law in appropriate proceeding.

                                     2. Permission, as prayed for, is accorded.

                                     3. Accordingly,              the     present        petition       stands
          Patna High Court CR. WJC No.741 of 2022(7) dt.13-01-2026
                                                      2/2




                    dismissed as withdrawn with the aforesaid liberty.



                                                            (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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