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Patna High Court

Harindra Yadav @ Harendra Yadav @ Harendra Prasad YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the application may be withdrawn and disposed of without expressing any view on the merits.

Summary

The petitioners, a group of members of the Yadav family, filed an application in the Patna High Court seeking to raise all grounds available to them at the time of framing of charge. The State of Bihar and Pramod Yadav were opposite parties. The petitioner’s counsel requested permission to withdraw the application. Justice Praveen Kumar allowed the prayer, permitting the withdrawal of the application. The court disposed of the application on the terms of withdrawal, expressly stating that it did not express any opinion on the merits of the underlying case.

Issues considered

  • Whether the petitioner’s application seeking to raise all grounds at the time of framing of charge can be withdrawn?

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16653 of 2024
                  Arising Out of PS. Case No.-90 Year-2021 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
           1.     Harindra Yadav @ Harendra Yadav @ Harendra Prasad Yadav Son Of Late
                  Ram Chalitra Yadav Resident Of Village- Kisnipatti, Ps- Ghoghardiha, Dist-
                  Madhubani
           2.    Umesh yadav @umesh kumar yadav son of late ram chalitar yadav resident
                 of village- kisnipatti, ps- ghoghardiha, dist- madhubani
           3.    Rahul Yadav @ Rahul Kumar Yadav son of umesh yadav resident of village-
                 kisnipatti, ps- ghoghardiha, dist- madhubani
           4.    Rakesh Kumar Yadav @ Rakesh kumar Son Of Ramesh Yadav Resident Of
                 Village- Kisnipatti, Ps- Ghoghardiha, Dist- Madhubani
           5.    Sanju kumari daughter of harindra yadav @ harendra yadav @ harendra
                 prasad yadav resident of village- kisnipatti, ps- ghoghardiha, dist-
                 madhubani
           6.    Arhuliya Devi wife of umesh yadav @ umesh kumar yadav resident of
                 village- kisnipatti, ps- ghoghardiha, dist- madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Pramod Yadav Son Of Late Ramavtar Yadav Resident Of Village- Kisnipatti,
                 Ps- Ghoghardiha, Dist- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Hriday Narayan Harshit, Advocate
                 For the Opposite Party/s :      Mr.Bharat Lal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   23-03-2026                    At the very outset, learned counsel for the petitioner

                   seeks permission to withdraw this application to raise all the

                   grounds available to him and also the points pleaded in this

                   application at the time of framing of charge.

                                2. Prayer is allowed.

                                3. This application is permitted to be withdrawn with
             Patna High Court CR. MISC. No.16653 of 2024(2) dt.23-03-2026
                                                         2/2




                       the liberty aforesaid.

                                    4. This application is disposed of on the aforesaid

                       term.

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

                       any opinion on the merits of the case.



                                                  (Praveen Kumar, J)
vashudha/-

U      T


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