Patna High Court

Dhananjay Kumar @ Dhananjay SharmaversusThe State of Bihar

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

Holding

The court permitted the withdrawal and dismissed the application as withdrawn.

Summary

The petitioners – Dhananjay Kumar, Rakesh Sharma, Pappu Sharma and Amit Kumar – filed a criminal miscellaneous application seeking liberty to raise all points at the time of framing of charge in a case pending before the Patna High Court. They later moved the court for permission to withdraw that application. The learned counsel for the petitioners was allowed to withdraw, and the court dismissed the application as withdrawn, expressly stating that it did not express any opinion on the merits of the underlying criminal case. No substantive issues of law were decided beyond the procedural request. The order leaves the petitioners free to raise any points when the charge is framed.

Issues considered

Whether the court may permit the withdrawal of the petitioners' application and dismiss it as withdrawn?

Subjects

withdrawal of application
criminal procedure
charge framing
procedural order
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11394 of 2024
                       Arising Out of PS. Case No.-124 Year-2020 Thana- VISHNUPAD District- Gaya
                  ======================================================
            1.     Dhananjay Kumar @ Dhananjay Sharma S/O Kedar Singh R/O Vishnupath
                   Road, Vill - Brahmani Ghat, P.O. Gpo, P.S. - Vishnupad, Distt. - Gaya
            2.    Rakesh Sharma @ Rakesh Kumar S/O Kedar Singh R/O Vishnupath Road,
                  Vill - Brahmani Ghat, P.O. Gpo, P.S. - Vishnupad, Distt. - Gaya
            3.    Pappu Sharma @ Vijay Kumar S/O Kedar Singh R/O Vishnupath Road, Vill
                  - Brahmani Ghat, P.O. Gpo, P.S. - Vishnupad, Distt. - Gaya
            4.     Amit Kumar @ Amit Sharma S/O Dhananjay Kumar R/O Vishnupath Road,
                   Vill - Brahmani Ghat, P.O. Gpo, P.S. - Vishnupad, Distt. - Gaya
                                                                                ... ... Petitioner/s
                                                     Versus
                  The State of Bihar                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Vardaan Mangalam, Advocate
                  For the Opposite Party/s :      Mr. Nirmal Kumar Sinha, 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

                    petitioners seeks permission to withdraw this application with

                    liberty to the petitioners 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 petitioners.

                                 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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