Patna High Court

Jitendra RanaversusThe State of Bihar

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

Holding

The court permits the withdrawal of the application with liberty to raise all points later, without expressing any opinion on the merits.

Summary

The petitioner, Jitendra Rana, filed an application before the Patna High Court seeking to withdraw the pending criminal miscellaneous application. Counsel for the petitioner requested permission to withdraw the application while retaining the liberty to raise all points previously pleaded at the stage of framing of charge. The court considered whether such withdrawal could be permitted without prejudice to the merits of the case. The judge allowed the prayer, permitting the withdrawal of the application with the liberty to raise the points later. The order expressly stated that the court did not express any opinion on the merits of the underlying case.

Issues considered

Whether the petitioner may be allowed to withdraw the application with liberty to raise all points later

Subjects

withdrawal of application
procedural law
criminal procedure
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.14175 of 2024
                          Arising Out of PS. Case No.-77 Year-2023 Thana- SUIYA District- Banka
                  ======================================================
                  Jitendra Rana S/o Ghanshyam Rana R/o Paharpur, P.S. - Suiya, and Dist.-
                  Banka
                                                                          ... ... Petitioner/s
                                                Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ashok Kumar Singh, Advocate
                  For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

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

                    seeks permission to withdraw 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. This application is permitted to be 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

Continue reading with your account

Checking your session…