Patna High Court

Sonu KumarversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court allowed the withdrawal of the application and dismissed it without expressing any view on the merits.

Summary

The petitioner, Sonu Kumar, filed an application in the High Court of Patna seeking relief in a criminal miscellaneous proceeding. During the pendency of the application, the trial court framed charges against him. The petitioner then moved the High Court to withdraw his application, stating that he would raise all points at the appropriate stage of the trial. The learned counsel for the petitioner sought permission to withdraw, and the court granted the prayer. The application was dismissed as withdrawn, with the court expressly stating that it had not expressed any opinion on the merits of the case.

Issues considered

Whether an application filed in a criminal miscellaneous proceeding can be withdrawn after charges have been framed

Subjects

withdrawal of application
criminal procedure
charges framed
procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.12786 of 2024
                       Arising Out of PS. Case No.-53 Year-2023 Thana- MAHILA P.S. District- Nalanda
                  ======================================================
                  Sonu Kumar Son of Late Upendra Yadav R/o vill - Chhatarpur, P.s. - Bind,
                  Distt. - Nalanda                                        ... ... Petitioner/s
                                                Versus
                  The State of Bihar                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Raj Kishor Prasad, Advocate
                  For the Opposite Party/s :        Mr.Lalan Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    17-03-2026                    Heard learned counsel for the petitioner and learned

                    APP for the State.

                                  2. At the very outset, learned counsel for the petitioner

                    seeks permission to withdraw this application as during the

                    pendency of this case, charges came to be framed and further

                    prays to raise all the points available to him and also the

                    grounds pleaded in this application at the appropriate stage of

                    the trial.

                                  3. Prayer is allowed.

                                  4. Accordingly, this application is dismissed as

                    withdrawn with the liberty aforesaid.

                                  5. It is made clear that this Court has not expressed

                    my opinion on the merits of this case.



                                               (Praveen Kumar, J)
niku/-

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