Patna High Court
Binu Yadav @ Binnu YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the withdrawal of the application, granting the petitioners liberty to raise the points later.
Summary
The petitioners filed an application before the Patna High Court seeking relief. Their counsel, Mr. Durgesh Nandan, requested to withdraw the application while retaining the liberty to raise all points and grounds at a later stage of the trial. The court considered whether such a withdrawal could be permitted. It found no impediment to allowing the withdrawal and granted the petitioner's request. Consequently, the application was disposed of as withdrawn, with the court expressly stating that it did not opine on the merits of the case.
Issues considered
- Whether the petitioner's application can be withdrawn with liberty to raise the points and grounds at a later stage of the trial
Subjects
- withdrawal of application
- procedural discretion
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13873 of 2024
Arising Out of PS. Case No.-262 Year-2018 Thana- GAYA KOTWALI District- Gaya
======================================================
1. Binu Yadav @ Binnu Yadav S/o Late Shankar Yadav @ Rama Shankar
Prasad Yadav R/o Mohalla - Bank of Baroda Gali, Swarajpiuri Road, P.S. -
Kotwali, District - Gaya
2. Sumit Kumar @ Abhilash Yadav @ Avinash Yadav S/o Late Shankar Yadav
@ Rama Shankar Prasad Yadav R/o Mohalla - Bank of Baroda Gali,
Swarajpiuri Road, P.S. - Kotwali, District - Gaya
3. Ranjit Yadav S/o Kishore Yadav R/o Mohalla - Bank of Baroda Gali,
Swarajpiuri Road, P.S. - Kotwali, District - Gaya
4. Pankaj Yadav S/o Kishore Yadav R/o Mohalla - Bank of Baroda Gali,
Swarajpiuri Road, P.S. - Kotwali, District - Gaya
5. Tulsi Baranwal @ Rajesh Kumar S/o Late Shiv Lal Baranwal R/o Mohalla -
Bank Swaraj puri Road, Makhlaut Ganj, P.S. - Kotwali, District - Gaya
6. Adhiraj Kumar @ Rahul Kumar S/o Nageshwar Prasad R/o Mohalla - Bank
Swaraj puri Road, Makhlaut Ganj, P.S. - Kotwali, District - Gaya
7. Rohit Kumar @ Rohit Kumar Baranwal S/o Nageshwar Prasad R/o Mohalla
- Bank Swaraj puri Road, Makhlaut Ganj, P.S. - Kotwali, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-03-2026 At the very outset, learned counsel for the petitioners
very fairly submits that he would be withdrawing this
application with a liberty to raise all the points available to him
and also the grounds pleaded in this application at the
appropriate stage during the trial.
2. Prayer is allowed.
Patna High Court CR. MISC. No.13873 of 2024(2) dt.17-03-2026
2/2
3. Accordingly, 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 this case.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…