Patna High Court
Md. Naseem Akhtar @ Nashim Akhtar @ Nasim AkhtarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The application is disposed of, directing the petitioners to raise all points and grounds at the appropriate stage.
Summary
The petitioners, Md. Naseem Akhtar and his wife Saleha Khatoon, filed an application before the Patna High Court challenging procedural aspects of their criminal trial, wherein charges had been framed and four out of seven charge‑sheet witnesses examined. The State of Bihar and co‑accused Shivanand Pandey opposed, noting that the trial had progressed and the stage of proceedings had changed. The court, after hearing counsel, observed the change in stage and directed the petitioners to raise all points and grounds available to them at the appropriate stage of the trial. No opinion on the merits of the case was expressed. Consequently, the application was disposed of with a direction to the petitioners to present their arguments later.
Issues considered
- Whether the petitioners may raise all points and grounds available to them at a later stage of the trial
Subjects
- Criminal Procedure Code
- Charge Framing
- Application Disposal
- Procedural Order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12295 of 2025
Arising Out of PS. Case No.-494 Year-2022 Thana- BHAGWAN BAZAR District- Saran
======================================================
1. Md. Naseem Akhtar @ Nashim Akhtar @ Nasim Akhtar Son of Late Yakub
Miyan @ Mohammad Yakoob Resident of Mohalla Daulatganj, Chiktoli,
P.S. Bhagwan Bazar, District - Saran
2. Saleha Khatoon @ Saleha Khatun W/o Md. Naseem Akhtar @ Nashim
Akhtar Resident of Mohalla Daulatganj, Chiktoli, P.S. Bhagwan Bazar,
District - Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shivanand Pandey S/o Gajenda Nath Pandey Resident of village - Court
Devi Garahitir, P.S.- Bhagwan Bazar, District -Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
For the O.P. No.2 : Mr. Neeraj Prasad Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 18-03-2026 Heard the parties.
2. Learned counsel for the Opposite Party No.2 has
submitted that by efflux of time, the charges came to be framed
against the petitioners and out of seven charge sheet witnesses,
four witnesses have been examined during the course of trial
and submits that the stage as of now in the court below with
regard to the present case, has changed.
3. In view of such specific statement of the Opposite
Party No.2, this application is disposed of with a direction to the
petitioners to raise all the points available to him including the
Patna High Court CR. MISC. No.12295 of 2025(2) dt.18-03-2026
2/2
grounds as mentioned in this application at appropriate stage.
4. It is made clear that this Court has not expressed
any opinion on the merits of this case.
(Praveen Kumar, J)
shivam/-
U T
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