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Patna High Court

NAGENDRA YADAV @ NARENDRA YADAVversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The court allowed the withdrawal of the application with liberty to raise all grounds later.

Summary

Nagendra Yadav filed an application in the Patna High Court seeking permission to withdraw the application while retaining the liberty to raise all pleaded grounds and any other grounds at the time of charge framing. The petitioner’s counsel requested this liberty, and the State’s counsel and the informant’s counsel were present. Justice Praveen Kumar allowed the prayer, ordering the application to be withdrawn with the specified liberty. The court explicitly stated that it did not express any opinion on the merits of the case. Consequently, the application was disposed of as withdrawn.

Issues considered

  • Whether the petitioner may withdraw the application with liberty to raise all pleaded and other grounds at the charge‑framing stage

Subjects

  • withdrawal of application
  • criminal procedure
  • liberty to raise grounds
  • high court order
  • charge framing

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.10656 of 2024
                      Arising Out of PS. Case No.-178 Year-2023 Thana- GAYA MUFASIL District- Gaya
                  ======================================================
                  Nagendra Yadav @ Narendra Yadav S/O Late Devnandan Prasad Yadav @
                  Late Dev Nandan Yadav R/O Village- Sindhugarh, P.S- Mohanpur, Distt.-
                  Gaya Presently Residing At Mohalla- Nayan Nagar, P.S- Muffasil, Distt.-
                  Gaya.
                                                                       ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.     Jyoti Singh W/O Late Sunil Singh R/O Village- Salempur, Bathera Bigha,
                   P.S- Muffasil, Distt.- Gaya.
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Priya Ranjan, Advocate
                  For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                  For the Informant/s      :       Mr. Rajesh Kumar Sharma, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    16-03-2026                  Heard learned counsel for the petitioner, learned

                    counsel for the informant and learned APP for the State.

                                 2. At the very outset, learned counsel for the petitioner

                    seeks permission to withdraw this application with liberty to

                    raise all the grounds as pleaded in this application as well as on

                    other grounds at the time of framing of charge.

                                 3. Prayer is allowed.

                                 4. Accordingly, this application is disposed of as

                    withdrawn with the liberty aforesaid.

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

                    any opinion on the merits of this case.



                                               (Praveen Kumar, J)
shivam/-
U


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