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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court granted permission to withdraw the criminal miscellaneous application, dismissing it as withdrawn.

Summary

Rohit Kumar filed a criminal miscellaneous application seeking permission to withdraw the application and to raise all points at the time of charge framing, if charges were not yet framed. The petitioner requested the court's liberty to withdraw the application. The court granted the permission sought, allowing the withdrawal of the application. Consequently, the criminal miscellaneous application was dismissed as withdrawn. The court expressly stated that it did not express any opinion on the merits of the underlying case.

Issues considered

  • Whether the court may grant permission to withdraw a criminal miscellaneous application and allow the petitioner to raise points at the charge‑framing stage.

Subjects

  • withdrawal
  • criminal miscellaneous application
  • charge framing
  • procedural law
  • court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1380 of 2026
                     Arising Out of PS. Case No.-380 Year-2021 Thana- NAUGACHIA District- Bhagalpur
                  ======================================================
                  Rohit Kumar Son of Shri Hansdev Prasad Singh @ Hansdev Singh Resident
                  Of Village- Korchakka, Ps- Naughachiya, Dist- Bhagalpur
                                                                          ... ... Petitioner/s
                                                   Versus
            1.     The State of Bihar bihar
            2.     Amit Kumar Singh Son of Late Arun Kumar Singh Resident of village-
                   Punama Pratap Nagar, Ps- Naughanchia, Po- Punama Pratap Nagar, Dist-
                   Bhagalpur
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Nishant Kumar, Adv.
                  For the Opposite Party/s :       Mr.Anant Kumar 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    11-03-2026                     Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                    At the very outset, learned counsel for the petitioner

                    seeks permission to withdraw this criminal miscellaneous

                    application with liberty to raise all the points as raised in this

                    application, at the time of framing of charge, if not framed.

                                 2. Permission, as sought for, is accorded.

                                 3. Accordingly, this criminal miscellaneous application

                    is dismissed as withdrawn.

                                 4. It is made clear that this Court has not expressed any

                    opinion on the merits of the case.



                                               (Praveen Kumar, J)
brajesh/-
U       T


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