Patna High Court

Birendra Yadav @ Virendra YadavversusThe State of Bihar

Decided: 11 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The court granted permission to withdraw the criminal miscellaneous application and dismissed it as withdrawn.

Summary

Birendra Yadav filed a criminal miscellaneous application seeking permission to withdraw it while retaining the right to raise all points later at the charge‑framing stage. The petitioner’s counsel requested the court’s approval for this withdrawal. The court, after hearing counsel for both sides, granted the permission sought. Consequently, the application was dismissed as withdrawn. The court expressly noted that it did not express any opinion on the merits of the underlying case.

Issues considered

Whether a criminal miscellaneous application may be withdrawn with liberty to raise the same points at the charge‑framing stage

Subjects

criminal procedure
withdrawal of application
charge framing
miscellaneous application

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1517 of 2026
                           Arising Out of PS. Case No.-154 Year-2025 Thana- KOPA District- Saran
                  ======================================================
                  Birendra Yadav @ Virendra Yadav S/o- Vakil Yadav R/v- Bhatwaliya Ps-
                  Kopa Dist- Saran
                                                                      ... ... Petitioner/s
                                                Versus
            1.     The State of Bihar Bihar
            2.     Urmila Kunwar W/o- Late Hardeo Yadav R/v- Bhatwaliya Ps- Kopa Dist-
                   Saran
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Binod Kumar Sinha, Adv.
                  For the Opposite Party/s :        Mr.Abhay Kumar Roy, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    11-03-2026                     Heard learned counsel for the petitioners and

                    learned A.P.P. for the State.

                                 2. At the very outset, learned counsel for the

                    petitioners seeks permission to withdraw this criminal

                    miscellaneous application with liberty to raise all the points as

                    raised in this application, at the time of framing of charge, if not

                    framed.

                                 3. Permission, as sought for, is accorded.

                                 4. Accordingly,           this      criminal         miscellaneous

                    application is dismissed as withdrawn.

                                 5. It is made clear that this Court has not expressed

                    any opinion on the merits of the case.



                                               (Praveen Kumar, J)
brajesh/-
U       T

Continue reading with your account

Checking your session…