Patna High Court
MUNNA KUMAR SRIVASTAVA @ MUNNA LALversusTHE STATE OF BIHAR
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The application is dismissed as withdrawn, but the petitioners are permitted to raise all grounds later, and the lower court must pass a reasoned order in line with Kanchan Kumar v. State of Bihar.
Summary
The petitioners filed an application in the Patna High Court seeking relief in a criminal miscellaneous matter. During the hearing on 27-01-2026, counsel for the petitioners requested to withdraw the application while retaining the liberty to raise all their grounds at a later stage. The Court clarified that any subsequent application raising those grounds must be considered by the lower court, which is required to pass a reasoned order in accordance with the Supreme Court's decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. The High Court dismissed the present application as withdrawn, granting the petitioners the stated liberty. Consequently, the petitioners may file a fresh application later, and the lower court must ensure a detailed reasoning as mandated by precedent.
Issues considered
- Whether the petitioners may withdraw their application while preserving the right to raise all grounds later
- Whether the lower court is obligated to pass a reasoned order if the petitioners later file an application, per the Supreme Court precedent
Subjects
- withdrawal of application
- criminal miscellaneous
- liberty to raise grounds
- reasoned order
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10429 of 2020
Arising Out of PS. Case No.-3774 Year-2013 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
1. MUNNA KUMAR SRIVASTAVA @ MUNNA LAL S/o Jaddu Lal R/o
village- Bansonhi, P.S.- Mashrak, District- Saran at Chapra
2. Uday Kumar Singh @ Uday Singh S/o Nathu Singh R/o village- Dumduma,
P.S.- Mashrak, District- Saran at Chapra
3. Chandeshwar Prasad @ Chandeshwar Sah S/o Kedar Sah R/o village-
Dumduma, P.S.- Mashrak, District- Saran at Chapra
4. Ajit Singh S/o Dudhnath Singh R/o village- Bahrauli, P.S.- Mashrak,
District- Saran at Chapra
5. Dhupnath Singh S/o Late Ram Chandra Singh R/o village- Dhauri, P.S.-
Baniyapur, District- Saran at Chapra
6. Manoj Kumar Singh @ Manoj Singh S/o Late Banshi Singh R/o village-
Dumduma, P.S.- Mashrak, District- Saran at Chapra
7. Vishwa Nath Singh @ Vishwanath Singh S/o Late Ramchandra Singh R/o
village- Dhauri, P.S.- Baniyapur, District- Saran at Chapra
8. Raghu Nath Singh @ Raghunath Singh S/o Late Ramchandra Singh R/o
village- Dhauri, P.S.- Baniyapur, District- Saran at Chapra
9. Laxmi Devi @ Laxmi Kunwar W/o Late Awadh Singh R/o village- Dhauri,
P.S.- Baniyapur, District- Saran at Chapra
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Hareshwar Singh S/o Munshi Singh R/o village- Dumduma, P.S.- Mashrak,
District- Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Madhura Nand Jha
For the Informant : Mr. Dewendra Narayan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-01-2026 Heard the parties.
2. After some arguments, learned counsel for the
petitioners prays for and is permitted to withdraw this
Patna High Court CR. MISC. No.10429 of 2020(5) dt.27-01-2026
2/2
application with liberty to raise all the grounds at an appropriate
stage. It is made clear that if any application is filed on behalf of
the petitioners raising their grounds then the same shall be
considered by the Court below and a reasoned order shall be
passed in light of the judgment of the Hon’ble Supreme Court in
the case of Kanchan Kumar Vs. State of Bihar reported in
(2022) 9 SCC 577.
3. Accordingly, this application is dismissed as
withdrawn with the aforesaid liberty.
(Sandeep Kumar, J)
Vikas/-
U
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