Patna High Court
Mundrika Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANIL KUMAR SINHA
Holding
The court permitted the withdrawal of the application with liberty to raise all grounds at the charge‑framing stage.
Summary
Mundrika Prasad Yadav filed an application before the Patna High Court in a criminal miscellaneous proceeding. He sought the court's permission to withdraw the application while retaining the liberty to raise all his grounds at the stage of framing of charge. The State of Bihar and the co-accused opposed the request. The learned counsel for the petitioner argued that withdrawal would not prejudice the proceedings and would allow a fuller defence later. The court, after hearing both sides, granted the petitioner's request, allowing the withdrawal with liberty to raise his grounds later, and dismissed the application as withdrawn.
Issues considered
- Whether the court may permit a petitioner to withdraw an application with liberty to raise all grounds at the charge‑framing stage
Subjects
- criminal procedure
- withdrawal of application
- charge framing
- court permission
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15950 of 2025
Arising Out of PS. Case No.-24 Year-2022 Thana- MADHEPUR District- Madhubani
======================================================
Mundrika Prasad Yadav S/o Late Jovar Prasad Yadav R/o Village-Balua,
Dumra, P.S.-Mahindwara, Distirct-Sitamarhi, At present R/o Prakash Bhawan,
Pramod Das Gupta Sarani, Ward no. 26, P.s.- Siliguri, Distt- Darjeeling, W.B
... ... Petitioner/s
Versus
1. The State of Bihar
2. Santosh Kumar Mandal S/o Satya Narayan Mandal R/o vill - Madhepur,
ward no. 3, P.S.- Madhepur, Distt.- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Mr. Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 17-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. After some argument, learned counsel for the
petitioner seeks permission to withdraw this application with
liberty to raise all the grounds at the stage of framing of charge.
3. Permission, as prayed for, is accorded.
4. Accordingly, the present application is dismissed as
withdrawn with the aforesaid liberty.
(Anil Kumar Sinha, J)
Siwani/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.