Patna High Court
NAGENDRA YADAV @ NARENDRA YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
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 Justice Praveen Kumar allowed the prayer, ordering the application to be withdrawn with the specified liberty.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 Consequently, the application was disposed of as withdrawn.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withdrawn with the liberty aforesaid.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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