Patna High Court
Uma Shankar Rai @ Uma Shankar Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court granted permission to withdraw the application with liberty to raise points later, and disposed of the application as withdrawn.
Summary
The petitioners filed an application in a criminal miscellaneous case seeking permission to withdraw the application while retaining the liberty to raise all available points and grounds at the time of framing of charge. The court granted the petitioners' request, allowing the withdrawal with the specified liberty. The application was subsequently disposed of as withdrawn. The court expressly clarified that it did not express any opinion on the merits of the underlying case. No substantive issues on the merits were addressed.
Issues considered
- Whether the court may permit withdrawal of an application with liberty to raise points later at the stage of charge framing
Subjects
- withdrawal of application
- criminal miscellaneous procedure
- court permission
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12848 of 2024
Arising Out of PS. Case No.-71 Year-2023 Thana- MAHINDWARA District- Sitamarhi
======================================================
1. Uma Shankar Rai @ Uma Shankar Prasad Yadav S/O Late Yogi Rai R/O
VILLAGE- KHARHUA @ KHARHUAA, PS.- MAHINDWARA, DISTT.-
SITAMARHI.
2. KAMOD KUMAR S/O UMA SHANKAR RAI R/O VILLAGE-
KHARHUA @ KHARHUAA, PS.- MAHINDWARA, DISTT.-
SITAMARHI.
3. SHASHI RANJAN KUMAR @ BRIJ MOHAN KUMAR @ BRAJ
MOHAN KUMAR S/O UMA SHANKAR RAI R/O VILLAGE-
KHARHUA @ KHARHUAA, PS.- MAHINDWARA, DISTT.-
SITAMARHI.
4. ARVIND RAY S/O LATE YOGI RAY R/O VILLAGE- KHARHUA @
KHARHUAA, PS.- MAHINDWARA, DISTT.- SITAMARHI.
5. LAL BABU RAY @ LAL BABU PRASAD YADAV S/O LATE YOGI RAY
R/O VILLAGE- KHARHUA @ KHARHUAA, PS.- MAHINDWARA,
DISTT.- SITAMARHI.
... ... Petitioners
Versus
1. The State of Bihar BIHAR
2. NAWAL KUMAR S/O LATE RAM SURAT RAI R/O VILLAGE-
KHARHUA @ KHARHUAA, PS.- MAHINDWARA, DISTT.-
SITAMARHI.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mrs. Rita Verma, APP
For O.P. No. 2 : Mr. Pramod Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 16-03-2026 At the very outset, learned counsel for the petitioners
seeks permission to withdraw this application with liberty to
raise all the available points to him as well as the grounds as
mentioned in this application at the time of framing of the
charge.
2. Permission is granted.
Patna High Court CR. MISC. No.12848 of 2024(2) dt.16-03-2026
2/2
3. This application is disposed of as withdrawn with
the liberty aforesaid.
4. It is made clear that this court has not expressed
any opinion on the merits of the case.
(Praveen Kumar, J)
Pawan/-
U T
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