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Patna High Court

Shivam kumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court granted permission to withdraw the application with liberty to move before the appropriate forum after charge framing.

Summary

Shivam Kumar appealed against the State of Bihar and Sunita Devi in a criminal matter arising from PS case No.28 of 2025. The appellant sought the court's permission to withdraw his application, requesting liberty to re‑file before the appropriate forum after the charge is framed. The learned counsel for the appellant argued that withdrawal at this stage would not prejudice the proceedings. The court considered the procedural propriety of allowing a withdrawal before charge framing and found no impediment. Consequently, the court granted permission to withdraw the application with liberty to approach the proper forum later. The petition was dismissed as withdrawn.

Issues considered

  • Whether the appellant may be permitted to withdraw his application before the framing of charge

Subjects

  • criminal appeal
  • withdrawal of application
  • charge framing
  • procedural law
  • petition dismissed

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CRIMINAL APPEAL (SJ) No.475 of 2026
                         Arising Out of PS. Case No.-28 Year-2025 Thana- NAANPUR District- Sitamarhi
                    ======================================================
                    Shivam kumar Son of Nawal Choudhary Resident of village - Kauriya,
                    Raipur, P.S.- Nanpur, Distt.- Sitamarhi

                                                                                      ... ... Appellant/s
                                                          Versus
               1.   The State of Bihar
               2.   Sunita Devi W/o Teta Dhankhar R/o vill - Kauriya Raipur, P.S.- Nanpur,
                    Distt.- Sitamarhi

                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Appellant/s     :        Mr. Amit Anand, Advocate
                    For the Resp. No. 2     :        Mr. Akash Kumar, Advocate
                    For the State           :        Mr. Binay Krishna, Spl. P.P.
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                          ORAL ORDER

3     01-04-2026                      Heard Mr. Amit Anand, learned counsel for the
                      appellant, Mr. Akash Kumar, learned counsel for the
                      Respondent No. 2 and Mr. Binay Krishna, learned Spl.P.P. for
                      the State.
                                     2. After some arguments, learned counsels for the
                      appellant seeks permission to withdraw the application with
                      liberty to move before the appropriate forum after framing of
                      charge.
                                     3. Permission is accorded.
                                     4. The petition stands dismissed as withdrawn with
                      the aforesaid liberty.



Ibrar//-                                                            (Rajesh Kumar Verma, J)

U          T


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