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Patna High Court

Baij Nath KumarversusThe State of Bihar through Vigilance, Patna

Decided
Disposal
DISMISSED

Holding

The court held that the petitioner may withdraw the application with liberty to raise all points and grounds at the appropriate stage of the trial.

Summary

Baij Nath Kumar filed an application before the Patna High Court seeking to withdraw the pending criminal miscellaneous application. The petitioner requested permission to withdraw the application while retaining the liberty to raise all points and grounds at a later stage of the trial. The court considered whether such a withdrawal could be permitted without prejudice to the proceedings. It held that there was no impediment to allowing the withdrawal and that the court would not express any opinion on the merits of the underlying case. Consequently, the court granted the petitioner's request, permitting the withdrawal of the application with liberty to raise the matters later.

Issues considered

  • Whether the petitioner may be permitted to withdraw the application with liberty to raise the points later

Subjects

  • withdrawal of application
  • procedural discretion
  • criminal miscellaneous proceedings
  • court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.14302 of 2024
                     Arising Out of PS. Case No.-176 Year-2023 Thana- BHAGWANPUR District- Kaimur
                                                          (Bhabua)
                  ======================================================
                  Baij Nath Kumar S/o Sri Ashok Mahto R/o vill - Bhagwan Chak, Sakshorhra
                  tola, P.S. - Sakshohra, Distt.- Patna

                                                                                 ... ... Petitioner/s
                                                     Versus
                  The State of Bihar through Vigilance, Patna Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :       Mr. Vijay Kumar Sinha
                  For Vigilance           :       Mr. Anil Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    17-03-2026                   At the very outset, learned counsel for the petitioner

                    seeks permission to withdraw this application with liberty to

                    raise all the points available to him and also the grounds pleaded

                    in this application at the appropriate stage during the trial.

                                  2. Prayer is allowed.

                                  3. This application is permitted to be withdrawn with

                    the liberty aforesaid.

                                  4. It is made clear that this Court has not expressed

                    any opinion on the merits of this case.



                                              (Praveen Kumar, J)
shivam/-

U      T


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