Patna High Court

Krishna RaiversusThe State Of Bihar and Ors

Decided: 5 January 2026
Disposal: WITHDRAWN
Bench: BIBEK CHAUDHURI

Holding

The Court dismissed the writ petition as withdrawn and granted the petitioner liberty to file a fresh writ petition on the same cause of action.

Summary

The petitioner, Krishna Rai, filed a civil writ petition in the Patna High Court and later sought permission to withdraw the petition and file a fresh writ petition on the same cause of action. The petitioner’s counsel, Mr. Avinash, requested liberty to withdraw, while the State’s counsel, Mr. Nalin Vilochan Tiwary, was present. The Court considered whether the petitioner could be allowed to withdraw the existing petition and re‑file a new one. Justice Bibek Chaudhuri dismissed the original petition as withdrawn and granted the petitioner liberty to file a fresh writ petition on the same cause of action. No substantive merits of the original petition were addressed, and the order was purely procedural.

Issues considered

Whether the petitioner may be granted liberty to withdraw the pending writ petition and file a fresh writ petition on the same cause of action

Subjects

withdrawal of writ petition
fresh writ petition
civil writ jurisdiction
petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.5385 of 2017
                  ======================================================
                  Krishna Rai

                                                                             ... ... Petitioner/s
                                                    Versus
                  The State Of Bihar and Ors

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr.Avinash, Advocate
                  For the Respondent/s   :      Mr.Nalin Vilochan Tiwary, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                        ORAL ORDER

5    05-01-2026                 It is submitted by the learned Advocate for the

                    petitioner that the petitioner may be granted liberty to withdraw

                    the case with permission to file a fresh writ petition on the self-

                    same cause of action.

                                2. Learned Advocate on behalf of the State is present.

                                3. The instant writ petition be dismissed as withdrawn

                    with liberty to the petitioner to file fresh writ petition on the

                    same cause of action.



                                             (Bibek Chaudhuri, J)
uttam/-

U

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