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Patna High Court

MAHENDRA PRASAD YADAV@ MAHENDRAversusTHE STATE OF BIHAR

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn and the interim protection order is vacated.

Summary

Mahendra Prasad Yadav filed an application before the Patna High Court seeking to raise all grounds of his case at a later stage. The petitioner also had an interim protection order dated 12‑12‑2024. The court, after hearing counsel, granted permission to withdraw the present application and allowed the petitioner to raise his grounds later. Consequently, the application was dismissed as withdrawn and the interim protection order was vacated. The order directed that a copy be sent to the Principal District & Sessions Judge, Gaya for compliance so that the main case can proceed.

Issues considered

  • Whether the petitioner may withdraw the pending application and seek liberty to raise all grounds at a later stage
  • Whether the interim protection order dated 12‑12‑2024 should be vacated upon withdrawal of the application

Subjects

  • withdrawal of application
  • interim protection
  • procedural law
  • criminal miscellaneous
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15376 of 2020
                  Arising Out of PS. Case No.-122 Year-2017 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Mahendra Prasad Yadav@ Mahendra S/O Late Nanhak Yadav R/O Asrain,
                 P.O.- Utliwara, Wazirganj, P.S.- Tankuppa, Distt- Gaya

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    Rajdeo Prasad S/O Late Khaderan Sao Pankaj Khad And Cement Bhandar
                 Gaya- Fatehpur, Road Gaurak Shri Bus Stand, P.S.- Moffasil, Distt- Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sunil Kumar Yadav, Advocate
                                                Mr. Rabindra Kumar, Advocate
                 For the Opposite Party/s :     Mr. Md. Aslam Ansari
                 For the O.P. No. 2       :     Mr. Binay Kumar, Advocate
                                                Mr. Avinash Gaurav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   29-01-2026                   Heard the learned counsel for the petitioner, learned

                   APP for the State and the learned counsel for the O.P. No. 2.

                                 2. After some arguments, the learned counsel for the

                   petitioner seeks permission to withdraw this application to raise

                   all the grounds at an appropriate stage.

                                 3. Permission as prayed is granted.

                                 4. Accordingly, this application is dismissed as

                   withdrawn with liberty to raise all the grounds at an appropriate

                   stage.

                                 5. The interim protection granted to the petitioner by

                   order dated 12.12.2024 is hereby vacated.
            Patna High Court CR. MISC. No.15376 of 2020(5) dt.29-01-2026
                                                        2/2




                                   6. Let a copy of this order be communicated to the

                      Principal District & Sessions Judge, Gaya through FAX for its

                      compliance forthwith so that the case can proceed further.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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