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Patna High Court

Nitish Paswan @ Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted permission to withdraw the application with liberty to raise points at charge framing.

Summary

The petitioners, a group of individuals from Fakhrabad village, filed an application before the Patna High Court seeking permission to withdraw that application. They requested liberty to raise all points at the time of framing of charge. The learned counsel for the petitioners, Mr. Nawaz Shareef, made the request, and the court considered it on 30‑03‑2026. The court, after hearing, granted the petitioners’ request, allowing the withdrawal of the application. It clarified that no opinion on the merits of the underlying case was expressed and the matter was disposed of as withdrawn.

Issues considered

  • Whether the petitioners may be permitted to withdraw their application and be given liberty to raise all points at the time of framing of charge.

Subjects

  • withdrawal of application
  • procedural order
  • charge framing
  • petitioners' liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12708 of 2026
                   Arising Out of PS. Case No.-310 Year-2024 Thana- KUDRA District- Kaimur (Bhabua)
                 ======================================================
           1.     Nitish Paswan @ Nitish Kumar son of Ravi Shankar Paswan Resident of
                  Village -Fakhrabad P.S -kudara District -Kaimur Bhabau
           2.    Bhola Paswan @ shiv Shankar Paswan son of Nagina Paswan Resident of
                 Village -Fakhrabad P.S -kudara District -Kaimur Bhabau
           3.    Usha Devi Wife of Bhola Paswan Resident of Village -Fakhrabad P.S
                 -kudara District -Kaimur Bhabau
           4.    Ravi Shankar Paswan Son of Nagina Paswan Resident of Village -Fakhrabad
                 P.S -kudara District -Kaimur Bhabau
           5.    Rintu Paswan @ Rintu Kumar son of Lakshman Paswan Resident of Village
                 -Fakhrabad P.S -kudara District -Kaimur Bhabau
           6.    Amrita Kumari Daughter of Ravi Shankar Paswan Resident of Village
                 -Fakhrabad P.S -kudara District -Kaimur Bhabau
           7.    Mira Kumari Daughter of Ravi Shankar Paswan Resident of Village
                 -Fakhrabad P.S -kudara District -Kaimur Bhabau
           8.    Lakshman Paswan son of Late Kawal Paswan Resident of Village
                 -Fakhrabad P.S -kudara District -Kaimur Bhabau
           9.    Domani Devi wife of Ram Nagina Paswan Resident of Village -Fakhrabad
                 P.S -kudara District -Kaimur Bhabau
           10. Anjali Kumari @ Anjani Kumari Daughter of Ravi shankar Paswan Resident
               of Village -Fakhrabad P.S -kudara District -Kaimur Bhabau
           11. Bijendera Paswan @ Bijendra Kumar son of Ravi Shankar Paswan Resident
               of Village -Fakhrabad P.S -kudara District -Kaimur Bhabau
           12. Nagina Paswan @ Ram Nagina Paswan son of Late Kawal Paswan Resident
               of Village -Fakhrabad P.S -kudara District -Kaimur Bhabau
                                                                         ... ... Petitioner/s
                                                 Versus
           1. The State of Bihar
           2.     Suman Kumari Daughter of Mangal Chaudhary Resident of Village
                  -Fakhrabad P.S -kudara District -Kaimur Bhabau
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nawaz Shareef, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   30-03-2026                    Heard the parties.

                                2. At the very outset, the learned counsel for
              Patna High Court CR. MISC. No.12708 of 2026(2) dt.30-03-2026
                                                          2/2




                        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 disposed of

                        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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