Patna High Court

Adarsh Kumar @ KajuversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The Court disposed of the application as withdrawn, without expressing any opinion on the merits.

Summary

The petitioner, Adarsh Kumar, filed an application in the High Court of Patna. Counsel for the petitioner sought to withdraw the application while reserving the right to raise all points and grounds at the charge-framing stage. The Court allowed the prayer for withdrawal. Consequently, the application was disposed of as withdrawn, with the Court expressly stating that it did not express any opinion on the merits of the case.

Issues considered

Whether the application filed by the petitioner should be withdrawn and disposed of without adjudicating its merits

Subjects

withdrawal of application
procedural order
court discretion
no merits determination

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13947 of 2024
                        Arising Out of PS. Case No.-114 Year-2022 Thana- MAIN P.S. District- Gaya
                 ======================================================
                 Adarsh Kumar @ Kaju son of Late Birendra Sharma @ Late Birendra Kumar
                 Village- Amarsingh Bigha Ps- Main Dist- Gaya
                                                                       ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Basisth Sharma son of Late Jhalak Sharma Village- Sherpura Ps- Alipur
                  Dist- Gaya
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivendra Prasad, Advocate
                 For the Opposite Party/s :        Mr. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-03-2026                  At the very outset, learned counsel for the petitioner

                   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

                   any opinion on the merits of this case.



                                              (Praveen Kumar, J)
shivam/-
U      T

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