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Patna High Court

Anil RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application is withdrawn with liberty to raise the points and grounds at the charge‑framing stage.

Summary

The petitioners, a group of residents from Nathutola village, filed an application in the Patna High Court in a criminal miscellaneous proceeding arising from a 2020 case. The petitioners, through counsel Mr. Ram Nibash Prasad, sought permission to withdraw the application while retaining the liberty to raise all points and grounds at the charge-framing stage. The court considered whether such withdrawal with liberty to re‑raise matters was permissible. Justice Praveen Kumar allowed the prayer, stating that the application could be withdrawn with the requested liberty. Consequently, the application was disposed of as withdrawn, and the court expressly noted that it made no determination on the merits of the underlying case.

Issues considered

  • Whether the petitioners may withdraw their application with liberty to raise the same points and grounds at a later stage

Subjects

  • withdrawal of application
  • procedural order
  • criminal miscellaneous proceeding
  • liberty to re‑raise grounds

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10789 of 2025

                     Arising Out of PS. Case No.-67 Year-2020 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
           1.     Anil Ray S/O Late Gajendra Roy Resident Of Village- Nathutola Bathnaha,
                  Ps- Bathnaha, Dist.- Sitamarhi
           2.    Chunchun Ray @ Chunchun Kumar S/O Late Gajendra Ray Resident Of
                 Village- Nathutola Bathnaha, Ps- Bathnaha, Dist.- Sitamarhi
           3.    Raja Kumar S/O Late Vidyanand Roy Under the Guardianship of his Mother
                 namely Radha Devi, Wife of Late Vidyanand Roy, She is a natural guardian.
                 Resident Of Village- Nathutola Bathnaha, Ps- Bathnaha, Dist.- Sitamarhi
           4.    Vipin Ray S/O Late Nagendra Ray Resident Of Village- Nathutola
                 Bathnaha, Ps- Bathnaha, Dist.- Sitamarhi

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Renu Devi W/O Upendra Roy Resident Of Village- Nathutola Bathnaha, Ps-
                 Bathnaha, Dist.- Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Nibash Prasad, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   18-03-2026                  At the very outset, learned counsel for the petitioners

                   seeks permission to withdraw this application with liberty to

                   raise all the points available to him and also the grounds pleaded

                   in this application at the time of framing of charge.

                                2. Prayer is allowed.

                                3. This application is disposed of as withdrawn with

                   the liberty aforesaid.

                                4. It is made clear that this Court has not expressed
           Patna High Court CR. MISC. No.10789 of 2025(2) dt.18-03-2026
                                                       2/2




                     any opinion on the merits of this case.



                                                (Praveen Kumar, J)
shivam/-

U      T


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