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Patna High Court

Satrudhan Kumar @ Satrudhan @ TaklaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the application may be withdrawn with liberty to raise the points later.

Summary

The petitioners filed an application in the Patna High Court seeking relief in a criminal miscellaneous matter. Their counsel requested to withdraw the application while retaining the liberty to raise all points and grounds later at the charge framing stage. The court considered whether such a withdrawal with liberty could be permitted. It found no objection to the request and allowed the prayer. Consequently, the application was disposed of as withdrawn, with the court expressly stating that it made no comment on the merits of the case.

Issues considered

  • Whether the court may permit withdrawal of the application with liberty to raise the points later

Subjects

  • withdrawal of application
  • procedural discretion
  • criminal miscellaneous proceedings
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13940 of 2024
                       Arising Out of PS. Case No.-202 Year-2022 Thana- GOPALPUR District- Patna
                 ======================================================
           1.     Satrudhan Kumar @ Satrudhan @ Takla Son of Umesh Yadav Resident of
                  Village- Sirpatpur, P.S.- Gopalpur, Dist.- Patna
           2.    Girja Yadav @ Girja Prasad Son of Dwarika Prasad Resident of Village-
                 Sirpatpur, P.S.- Gopalpur, District- Patna
           3.    Bhushan Yadav Son of Raj Balam Roy R/o Village- Sirpatpur, P.S.-
                 Gopalpur, Dist.- Patna
           4.    Sanjay Yadav @ Munshi Son of Raj Balam Roy Resident of Village-
                 Sirpatpur, P.S.- Gopalpur, Dist.- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Patna
           2.    Sugandh Kumar Son of Sri Shailendra Singh Resident of Village-
                 Gosaimath, P.S.- Gopalpur, Dist.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vinay Mistry
                 For the Opposite Party/s :       Mr.Kalyan Shankar
                 ======================================================
                 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 liberty to raise all the points available to him

                   and also the grounds pleaded in this application at the time of

                   framing of charge.

                                2. Prayer is allowed.

                                3. Accordingly, this application is disposed of as

                   withdrawn with the liberty aforesaid.

                                4. It is made clear that this Court has not expressed
           Patna High Court CR. MISC. No.13940 of 2024(2) dt.17-03-2026
                                                       2/2




                     any opinion on the merits of this case.



                                                (Praveen Kumar, J)
shivam/-

U      T


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