Patna High Court

Yogendra Prasad SinghversusThe State of Bihar

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

Holding

The Court permitted the petitioner to withdraw the application and dismissed it as withdrawn.

Summary

Petitioner Yogendra Prasad Singh filed an application in a criminal miscellaneous proceeding and sought the Court's permission to withdraw the application, requesting liberty to raise all points at the time of framing of charge. The Court, after hearing, granted the permission to withdraw. Consequently, the application was dismissed as withdrawn, with the Court expressly stating that it has not expressed any opinion on the merits of the case. No substantive issues were adjudicated beyond the procedural withdrawal. The order leaves the petitioner free to raise arguments when charges are framed.

Issues considered

Whether the Court may permit a petitioner to withdraw an application in a criminal miscellaneous proceeding
Whether the petitioner may be granted liberty to raise all points at the time of framing of charge

Subjects

withdrawal of application
criminal miscellaneous proceedings
procedural order
framing of charge

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.11131 of 2024
                      Arising Out of PS. Case No.-154 Year-2023 Thana- JAYNAGAR District- Madhubani
                   ======================================================
                   Yogendra Prasad Singh Son of Mohar Prasad Singh Resident of village-
                   Kamla Bari, Ps- Jaynagar, District- Madhubani
                                                                      ... ... Petitioner/s
                                                       Versus
              1.    The State of Bihar
              2.    Satendra Ram Son of Mahngu Ram Resident of Village-Vikhpur, P.S.-
                    Anandar, Distt.-Siwan. At present posted as A.S.I. of Panchayat Employed
                    Teacher, Vigilance Committee Investigating Bureau, Patna
                                                                         ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :      Mr. Shailendra Kumar, Advocate
                   For the Vigilance        :      Mr. Arvind Kumar, Advocate
                   For the Opposite Party/s :      Mr. Ajay Mishra, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2     16-03-2026                     Heard the parties.

                                  2. At the very outset, the learned counsel for

                     petitioner seeks permission to withdraw this application with

                     liberty to the petitioner to raise all the points at the time of

                     framing of charge.

                                  3. Permission is accorded.

                                  4. Accordingly, the present application is dismissed as

                     withdrawn with the aforesaid liberty to the petitioner.

                                  5. It is clarified that this Court has not expressed any

                     opinion on the merits of the case.



                                                (Praveen Kumar, J)
Jyoti/-

U         T

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