Patna High Court

SRI RAM YADAVversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The application is disposed of as withdrawn, with liberty to raise the points later, and the Court expresses no view on the merits.

Summary

The petitioners, Ram Yadav and Savita Devi, filed an application in the Patna High Court seeking relief related to the framing of charges in a criminal case. Their counsel, Mr. Raghav Prasad, requested to withdraw the application while retaining the liberty to raise all points raised therein and any additional points at the time of charge framing. The Court granted permission for the withdrawal with the stipulated liberty. Consequently, the application was disposed of as withdrawn. The judgment explicitly states that the Court did not express any opinion on the merits of the underlying criminal case.

Issues considered

Whether the petitioners may withdraw their application while preserving the right to raise the same and any further points at the charge‑framing stage

Subjects

withdrawal of application
criminal procedure
charge framing
liberty to raise points
procedural order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10598 of 2024
                       Arising Out of PS. Case No.-121 Year-2016 Thana- DURAULI District- Siwan
                 ======================================================
           1.     SRI RAM YADAV Son of Surendra Yadav Resident of Village-Done, Police
                  Station-Darauli, District-Siwan.
           2.     SAVITA DEVI @ MUTARI DEVI D/o Surendra Yadav Resident of Village-
                  Done, Police Station-Darauli, District-Siwan.
                                                                      ... ... Petitioners
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raghav Prasad
                 For the Opposite Party/s :       Mr.Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   16-03-2026                        At the very outset, learned counsel for the

                   petitioners submits that he would be withdrawing this

                   application with a liberty to raise all the points as raised in this

                   application and also any other point(s) available to him at the

                   time of framing of charge.

                                2. Permission is granted.

                                3. This application is disposed of as withdrawn with

                   the liberty aforesaid.

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

                   any opinion on the merits of the case.



                                              (Praveen Kumar, J)
Pawan/-
U      T

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