Patna High Court

Uday Kumar @ Uday Chandra KumarversusThe State of Bihar

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

Holding

The court may allow the withdrawal of an application at the petitioner's request without expressing any opinion on the merits.

Summary

The petitioner, Uday Kumar, filed an application in the Patna High Court seeking relief in a criminal miscellaneous case. At the hearing, the petitioner’s counsel requested permission to withdraw the application so that all points, including those raised in the present application, could be raised at the time of charge framing. The court considered whether it could allow such a withdrawal without prejudice to the merits of the underlying case. It granted the petitioner's request, emphasizing that no opinion on the merits was being expressed. Consequently, the application was disposed of as withdrawn, leaving the substantive criminal matter to proceed on its own timetable.

Issues considered

Whether the court may permit the petitioner to withdraw his application at his request without adjudicating on its merits

Subjects

withdrawal of application
procedural law
criminal procedure
high court order
petitioner's request

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15622 of 2024
                   Arising Out of PS. Case No.-43 Year-2023 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Uday Kumar @ Uday Chandra Kumar SON OF SHEO PRASAD @
                 LALBABU PRASAD RESIDENT OF VILLAGE- BABURBAN, PS-
                 RAJEPUR, DISTT- EAST CHAMPARAN
                                                             ... ... Petitioner
                                           Versus
           1.     The State of Bihar
           2.     DROPATI DEVI @ DROPADI DEVI WIFE OF AKHILESH KUMAR
                  RESIDENT OF VILLAGE- MACHACHA, PS- MADHUBAN, DIST- EAS
                  CHAMPARAN, P/A- AT BHUALIDIH, PS- RAJEPUR, DIST- EAST
                  CHAMPARAN
                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gaurav Kumar
                                                  Ms. Kumari Archana
                                                  Ms. Shyama Rani
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-03-2026                    Learned counsel for the petitioner, at the very outset,

                   prays for withdrawal of this application so as to raise all the

                   points available to him including the ground raised in this

                   application at the time of framing of charge.

                                 2. Permission is granted.
                                 3. This application is disposed of as withdrawn with
                   the liberty aforesaid.
                                 4. It is made clear that this court has not expressed

                   any opinion on the merits of the case.


                                              (Praveen Kumar, J)
Pawan/-

U     T

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