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Patna High Court

Brahma KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court permitted the withdrawal of the application with liberty to raise the points and grounds at an appropriate stage of the trial.

Summary

The petitioner, Brahma Kumar, filed an application before the Patna High Court seeking to withdraw the pending criminal miscellaneous application (No.14388 of 2024) while reserving the right to raise all points and grounds at a later stage of the trial. The petitioner’s counsel, Mr. Piyush Singh, requested permission for such withdrawal. The Court, after hearing the counsel, allowed the prayer and permitted the withdrawal of the application with liberty to raise the matters later. The judgment explicitly states that the Court has not expressed any opinion on the merits of the underlying case. Consequently, the application was withdrawn without prejudice to the petitioner’s right to raise substantive issues during the trial.

Issues considered

  • Whether the petitioner may be allowed to withdraw the application with liberty to raise the same points and grounds later in the trial?

Subjects

  • withdrawal of application
  • criminal procedure
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14388 of 2024
                       Arising Out of PS. Case No.-578 Year-2018 Thana- DANAPUR District- Patna
                 ======================================================
                 Brahma Kumar son of Shiv Nath Ram Village- Hanuman Chowk gola Road
                 Ps- Danapur Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Gayaneshwar Prasad Gupta son of Late Bajrangi Lal Gupta R/o- Trimurti
                 Nagar Lane Gola Road Ps- Danapur Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Piyush Singh
                 For the Opposite Party/s :       Mr.Rajendra Nath Jha
                 ======================================================
                 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 appropriate stage during the trial.

                                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


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