Patna High Court
SUNIL KUMAR SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the withdrawal of the application and vacated the interim protection.
Summary
The petitioners Sunil Kumar Singh, Banaras Singh and Priyanka Singh filed an application seeking interim protection in a criminal miscellaneous proceeding. They later moved the court to withdraw that application and requested liberty to raise all grounds at the charge‑framing stage. The learned counsel for the State opposed the withdrawal. The Court, relying on the Supreme Court's decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577, permitted the withdrawal and ordered that any interim protection previously granted be vacated. The matter was directed to the Principal District Judge, Saran, for further proceedings.
Issues considered
- Whether the petitioners may withdraw their application and raise all grounds at the charge‑framing stage
- Whether the interim protection granted to the petitioners should continue pending withdrawal
Subjects
- withdrawal of application
- interim protection
- charge framing
- procedural order
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13246 of 2020
Arising Out of PS. Case No.-1170 Year-2019 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
1. SUNIL KUMAR SINGH Son of Sri Banaras Singh Resident of Village -
Noornagar Kanhi Jalalpur, P.S.- Jalalpur, District - Saran.
2. Banaras Singh Son of Late Raghunandan Singh Resident of Village -
Noornagar Kanhi Jalalpur, P.S.- Jalalpur, District - Saran.
3. Priyanka Singh Wife of Sri Sunil Kumar Singh Resident of Village -
Noornagar Kanhi Jalalpur, P.S.- Jalalpur, District - Saran.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Kamal Kishor Singh Son of Late Chandrika Prasad Singh Resident of
Village - Shamkauria, P.S.- Ishuapur, District - Saran at present Principal
Shankar Dayal Singh Inter College, Jalalpur P.S.- Jalalpur, District - Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-01-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. After some arguments, learned counsel for the
petitioners prays for and is permitted to withdraw this application
with liberty to the petitioners to raise all the grounds at the stage of
framing of charge.
3. If such an application is filed, the same shall be
heard and considered by the learned court below in view of the
law laid down by the Hon’ble Supreme Court in the case of
Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577
Patna High Court CR. MISC. No.13246 of 2020(5) dt.27-01-2026
2/2
and accordingly a reasoned order shall be passed.
4. The interim protection, if any, granted to the
petitioners, is hereby vacated.
5. Let a copy of this order be communicated to Principal
District Judge, Saran through FAX so that the case will proceed
further.
(Sandeep Kumar, J)
tusharika/-
U T
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