Patna High Court
Harindra Yadav @ Harendra Yadav @ Harendra Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
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The court held that the application may be withdrawn and disposed of without expressing any view on the merits.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- Whether the petitioner’s application seeking to raise all grounds at the time of framing of charge can be withdrawn?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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