Patna High Court

Ranjit MahtoversusThe State of Bihar

Decided: 30 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The application for withdrawal of the criminal case was allowed.

Summary

The petitioner, Ranjit Mahto, filed a criminal miscellaneous application seeking to withdraw the pending criminal case against him, citing that the trial had already commenced and some witnesses had been examined. The petitioner requested liberty to raise all points available to him and to rely on the grounds pleaded in the application at the appropriate stage. The learned counsel for the petitioner argued that due to the efflux of time, continuation of the trial would be prejudicial. The Court, after hearing the counsel, allowed the prayer for withdrawal. It disposed of the application as withdrawn, granting the petitioner liberty to raise the points later, and expressly stated that it did not express any opinion on the merits of the underlying criminal case.

Issues considered

Whether the petitioner may withdraw the pending criminal case at this stage of trial

Subjects

withdrawal of criminal proceedings
procedural law
criminal miscellaneous application
liberty to raise points
no opinion on merits

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.16987 of 2024
                      Arising Out of PS. Case No.-335 Year-2022 Thana- Excise P.S. District- Samastipur
                  ======================================================
                  Ranjit Mahto S/o Shri Raj Kumar Mahto R/o Morwa Haat, ward no. 7, P.s. -
                  Tajpur, Distt. - Samastipur, Bihar
                                                                         ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :         Mr. Piyush Kumar Pandey, Advocate
                  For the Opposite Party/s :         Mr. Damodar Prasad Tiwary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    30-03-2026                  Learned counsel for the petitioner fairly submits that

                    by efflux of time, the trial has started and some of the witnesses

                    have been examined and as such prays for withdrawal of this

                    case with a liberty to raise all the points available to him and

                    also the ground pleaded in this application at the appropriate

                    stage.

                                 2. Prayer is allowed.

                                 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 this case.



                                                (Praveen Kumar, J)
shivam/-

U      T

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