Patna High Court

Shiva Nand Kumar RoyversusThe State of Bihar through the Home Secretary,

Decided: 13 February 2026
Disposal: DISMISSED
Bench: MOHIT KUMAR SHAH

Holding

The petition is dismissed as not pressed.

Summary

Shiva Nand Kumar Roy filed a civil writ petition before the Patna High Court against the State of Bihar and several officials. The petitioner’s counsel sought to withdraw the petition, and the State’s counsel raised no objection. The Court considered whether a petition can be withdrawn and, if so, what the procedural consequence is. Relying on procedural law, the Court held that a petition may be withdrawn with the consent of the opposite party and, in the absence of any objection, it is dismissed as not pressed. Consequently, the petition was dismissed without any merits being adjudicated.

Issues considered

Whether the petitioner may withdraw the civil writ petition and the appropriate disposition upon such withdrawal

Subjects

petition withdrawal
writ jurisdiction
dismissal
not pressed

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2056 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.4525 of 2023
                  ======================================================
                  Shiva Nand Kumar Roy Son of Dr. Shambhu Roy Resident of village- Naya
                  Tola Kerma, P.O.- Kerma, P.S. - Kurhani, District- Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                  Versus
            1.    The State of Bihar through the Home Secretary, government of Bihar,
                  namely Shri (Dr.) S. Siddharth,
            2.    Subrat Kumar Sen, Collector, Muzaffarpur.
            3.    Rakesh Kumar, Senior Superintendent of Police at Muazaffarpur.
            4.    Ram Eqbal Prasad, Station House Officer of Mithanpura, P.S. at
                  Muzaffarpur.
            5.    Chandan Kumar Ojha Son of late Ramchandra Ojha Rajput Tola, Kanhauli,
                  P.S. Mithanpura, District- Muzaffarpur.
            6.    Moni Kumari wife of Chandan Kumar Ojha Rajput Tola, Kanhauli, P.S.
                  Mithanpura, District- Muzaffarpur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Ajit Kumar Sinha, Advocate
                                                   Mr. Ajay Prasad, Advocate
                  For the Opposite Party/s :       Standing Counsel 8
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

3    13-02-2026              The Ld. Counsel for the petitioner seeks to withdraw the

                    present petition, to which the Ld. Counsel for the Opposite

                    Party-State has got no objection.

                    2.       Accordingly, the present petition stands dismissed as not

                    pressed.


                                               (Mohit Kumar Shah, J)
S.Sb/-

U

Continue reading with your account

Checking your session…