Patna High Court
Hiralal Sah @ Hiralal ShaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The Court permitted the petitioners to withdraw the application while granting them liberty to raise all grounds at a later stage.
Summary
The petitioners, a group of individuals from Ratwara village, filed an application in the Patna High Court in a criminal miscellaneous proceeding against the State of Bihar and another respondent. The petitioners sought the Court's permission to withdraw their application while retaining the liberty to raise all their grounds at a later stage in the trial. The learned counsel for the petitioners requested this withdrawal, and the Court considered the request. The Court granted permission to withdraw the application and expressly allowed the petitioners to raise their grounds at an appropriate future stage. It was clarified that the Court did not express any opinion on the merits of the underlying case.
Issues considered
- Whether the petitioners may be permitted to withdraw the pending application
- Whether the Court can grant liberty to the petitioners to raise all grounds at a later stage in the trial
Subjects
- withdrawal of application
- procedural liberty
- criminal miscellaneous proceeding
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17334 of 2024
Arising Out of PS. Case No.-237 Year-2022 Thana- BAJPATTI District- Sitamarhi
======================================================
1. Hiralal Sah @ Hiralal Sha S/O Late Laxmi Sha R/O Village- Ratwara Ward
No. 9, Ps. Bajpatti, Distt. Sitamarhi.
2. Manju Devi @ Manju W/O Hiralal Sah @ Hiralal Sha R/O Village- Ratwara
Ward No. 9, Ps. Bajpatti, Distt. Sitamarhi.
3. Raja Sah S/O Ram Varan Sah R/O Village- Ratwara Ward No. 9, Ps.
Bajpatti, Distt. Sitamarhi.
4. Soni Kumari W/O Raja Sah R/O Village- Ratwara Ward No. 9, Ps. Bajpatti,
Distt. Sitamarhi.
5. Ramrati Devi W/O Bechan Sah R/O Village- Ratwara Ward No. 9, Ps.
Bajpatti, Distt. Sitamarhi.
6. Babita Devi @ Babita W/O Ram Lal Sah R/O Village- Ratwara Ward No. 9,
Ps. Bajpatti, Distt. Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jailata Devi W/O Shatrudhan Sah R/O Village- Ratwara Ward No. 9, Ps.
Bajpatti, Distt. Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Garg, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 23-03-2026 Heard the parties.
2. At the very outset, the learned counsel for
petitioners seeks permission to withdraw this application with
liberty to the petitioners to raise all the grounds at an
appropriate stage in the trial.
3. Permission is accorded.
4. Accordingly, the present application is disposed of
Patna High Court CR. MISC. No.17334 of 2024(2) dt.23-03-2026
2/2
as withdrawn with the aforesaid liberty to the petitioners.
5. It is clarified that this Court has not expressed any
opinion on the merits of the case.
(Praveen Kumar, J)
Jyoti/-
U T
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