Patna High Court
Peyare @ Md. Hassan Sabit NajmiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The application seeking permission to file a fresh challenge to the charge‑framing order was dismissed as withdrawn.
Summary
The petitioners, a group of relatives of the late Abdul Hannan Najm, filed a petition in the Patna High Court against the State of Bihar and an individual named Shamshul Haque. They sought the Court's permission to file a fresh application challenging the order that framed charges against them. The petitioners argued that they should be allowed to contest the charge‑framing order. The Court, after hearing counsel for both sides, entertained the prayer for permission. However, the Court ultimately dismissed the application on the ground that it had been withdrawn by the petitioners. No substantive discussion on the merits of the charge‑framing order was recorded.
Issues considered
- Whether the petitioners are entitled to permission to file a fresh application challenging the order framing charge
Subjects
- Criminal Procedure Code
- Charge Framing
- Fresh Application
- High Court
- Application Dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16344 of 2025
Arising Out of PS. Case No.-9 Year-2007 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
1. Peyare @ Md. Hassan Sabit Najmi S/O Late Abdul Hannan Najm Resident
of Mohalla- Loharwa Ghat, P.S.- Alamganj, District- Patna
2. Nehal S/O Abdul Hannam Najm Resident of Mohalla- Loharwa Ghat, P.S.-
Alamganj, District- Patna
3. Roohi D/O Late Abdul Hannam Najm, W/O Zeyaur Rahman R/O Village-
Asraha, P.S- Keoti, Dist- Darbhanga.
4. Silu D/o Late Abdul Hannan Najm, wife of Shahzad Anjum Resident of
Village- Mehsaul Chawk, P.S.- Town, District- Sitamarhi.
5. Simmi D/o Late Abdul Hannan Najm, wife of Firoz Alam Resident of
Village- Mehsaul, P.S.- Runni Saidpur, District-Sitamarhi.
6. Nimmi D/o Late Abdul Hannan Najm, wife of Shahzad Resident of Village-
Nayagaon, P.S.- Sheyampur Bhathan, District-Sheohar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shamshul Haque Son of Late Abdul Haque Resident of Village - Rampur
Kondar, P.S.- Kesariya, Dist.- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ansiur Rahman, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. At the very outset, learned counsel for the
petitioners seeks permission to file a fresh application against
order framing charge.
3. Prayer is allowed.
4. This application is dismissed as withdrawn with the
Patna High Court CR. MISC. No.16344 of 2025(2) dt.23-03-2026
2/2
liberty aforesaid, if so advised.
(Praveen Kumar, J)
shivam/-
U T
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