Patna High Court

Binay Kumar ThakurversusThe State of Bihar

Decided: 2 February 2026
Disposal: WITHDRAWN
Bench: ALOK KUMAR SINHA

Holding

The MJC application was dismissed as withdrawn.

Summary

The petitioner, Binay Kumar Thakur, filed a Miscellaneous Jurisdiction (MJC) application before the Patna High Court challenging actions of the State of Bihar and its officials. The petitioner’s counsel, Mr. Sanjay Kumar Singh, later informed the court that he had been instructed to withdraw the MJC application. The court noted that any defect in the petition was ignored and considered the counsel’s instruction. Accordingly, the court dismissed the MJC application on the ground that it had been withdrawn. No further relief or directions were granted, and the matter was closed.

Issues considered

What is the effect of a petitioner's instruction to withdraw a Miscellaneous Jurisdiction application before the High Court?

Subjects

Miscellaneous Jurisdiction
Civil Writ
withdrawal of application
Patna High Court
Bihar

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.5436 of 2019
                                                        In
                                  Civil Writ Jurisdiction Case No.2267 of 2018
                  ======================================================
                  Binay Kumar Thakur Son of Shri Raj Narain Thakur Permanent Resident of
                  Village Chainpur, P.O. and P.S. Bangaon, District- Saharsa (Bihar) presently
                  residing at Flat No. A/ 402, N.H.A.I. Residential Complex, Plot 5/B, Sector-
                  17, Dwarka, New Delhi- 110075.
                                                                              ... ... Petitioner
                                                      Versus
            1.     The State of Bihar.
            2.    Shri Amritlal Meena The Principal Secretary, Road Construction
                  Department, Government of Bihar having its office at Visheshvaraiya
                  Bhawan, Bailey Road, Patna 800001.
            3.    Shri Ratnesh Kumar Additional Secretary Road Construction Department,
                  Government of Bihar having its office at Visheshvaraiya Bhawan, Bailey
                  Road, Patna 800001.
            4.     Shri S. Siddharth Principal Secretary, Department of Finance, Government
                   of Bihar, Old Secretariat, P.O. and P.S. Old Secretariat, Patna.
                                                                            ... ... Opposite Parties
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Sanjay Kumar Singh, Advocate
                  For the Opposite Party/s :       Mr. Chitranjan Sinha (Paag 2)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

3    02-02-2026                     Heard learned counsel for the petitioner.

                                 2. The defect is ignored.

                                 3. Learned counsel for the petitioner Mr. Sanjay

                    Kumar Singh submits that he is under instruction to withdraw

                    the present MJC application.

                                 4. As prayed for, the MJC application is dismissed as

                    withdrawn.



                                               (Alok Kumar Sinha, J)
Gaurav Sinha/-

U

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