Patna High Court
Raja Ram PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The court granted permission to withdraw the criminal miscellaneous application, dismissing it as withdrawn without addressing the merits.
Summary
The petitioners filed a criminal miscellaneous application seeking permission to withdraw the application and to raise all points that could have been raised at the time of charge framing, if charges were not yet framed. The State opposed the request. The court considered whether it could grant such permission and allow the petitioners to raise those points later. After hearing counsel, the court granted the petitioners' request, permitting the withdrawal of the application. Consequently, the criminal miscellaneous application was dismissed as withdrawn, with the court expressly stating that it made no determination on the merits of the underlying case.
Issues considered
- Whether the court may grant permission to withdraw a criminal miscellaneous application and allow the petitioner to raise points at the time of charge framing
Subjects
- criminal procedure
- withdrawal of application
- miscellaneous application
- charge framing
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1542 of 2026
Arising Out of PS. Case No.-179 Year-2024 Thana- BEERPUR District- Begusarai
======================================================
1. Raja Ram Paswan Son of Viswanath Paswan Resident of Village - Saraunja
Dasai Tola, P.S. - Beerpur, Dist. - Begusarai.
2. Manoj Paswan Son of Late Baijnath Paswan R/o Village - Bhawandpur,
Ward no. - 5, P.S. - Beerpur, Dist. - Begusarai.
3. Nitish Kumar @ Nitish Paswan Son of Gauri Paswan R/o Village -
Bhawandpur, Ward no. - 5, P.S. - Beerpur, Dist. - Begusarai.
4. Manish Kumar @ Manish Choudhary @ DJ Bala Son of Late Arjun
Chaudhary R/o Village - Bhawandpur, Ward no. - 5, P.S. - Beerpur, Dist. -
Begusarai.
5. Sanjay Paswan Son of Dular Paswan R/o Village - Bhawandpur, Ward no. -
5, P.S. - Beerpur, Dist. - Begusarai.
6. Dipak Paswan @ Abhay Kumar @ Deepak @ Ajay Kumar Son of Ganga
Ram Paswan R/o Village - Bhawandpur, Ward no. - 5, P.S. - Beerpur, Dist. -
Begusarai.
7. Sandeep Paswan @ Sandeep Kumar Son of Ram Nathn Paswan R/o Village
- Bhawandpur, Ward no. - 5, P.S. - Beerpur, Dist. - Begusarai.
8. Golu Paswan @ Ajay Kumar Son of Ganga Paswan R/o Village -
Bhawandpur, Ward no. - 5, P.S. - Beerpur, Dist. - Begusarai.
9. Arvind Paswan Son of Khonu Paswan R/o Village - Saraunja, Dasai Tola,
P.S. - Beerpur, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvottam Kumar, Adv.
For the Opposite Party/s : Mr.Ram Anurag Singh, 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.
After some arguments, learned counsel for the
petitioners seeks permission to withdraw this criminal
Patna High Court CR. MISC. No.1542 of 2026(2) dt.11-03-2026
2/2
miscellaneous application with liberty to raise all the points as
raised in this application, at the time of framing of charge, if not
framed.
2. Permission, as sought for, is accorded.
3. Accordingly, this criminal miscellaneous
application is dismissed as withdrawn.
4. It is made clear that this Court has not expressed
any opinion on the merits of the case.
(Praveen Kumar, J)
brajesh/-
U T
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