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Patna High Court

Bechan SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court permitted the withdrawal of the application and granted the petitioners liberty to raise all grounds at a later stage.

Summary

The petitioners, Bechan Sah, Ram Lal Sah and Rajiv Sah, filed an application before the Patna High Court seeking permission to withdraw the same while reserving the right to raise all grounds at a later stage in the trial. The State of Bihar and Jailata Devi were the opposite parties. The petitioners' counsel, Mr. Ashok Kumar Garg, requested the court's liberty to withdraw the application. The court, after hearing the parties on 23-03-2026, granted the permission to withdraw the application and clarified that no opinion on the merits was expressed. Consequently, the application was disposed of as withdrawn, with liberty granted to the petitioners to raise their grounds at an appropriate stage in the trial.

Issues considered

  • Whether the court may permit the withdrawal of an application while allowing the petitioners to raise all grounds later in the trial

Subjects

  • withdrawal of application
  • procedural liberty
  • criminal miscellaneous proceedings
  • patna high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17390 of 2024
                      Arising Out of PS. Case No.-237 Year-2022 Thana- BAJPATTI District- Sitamarhi
                 ======================================================
           1.     Bechan Sah S/O Late Nathuni Sah R/O Village- Ratwara Ward No.9, Ps.
                  Bajpatti, Distt. Sitamarhi.
           2.    Ram Lal Sah S/O Late Laxmi Sah R/O Village- Ratwara Ward No.9, Ps.
                 Bajpatti, Distt. Sitamarhi.
           3.    Rajiv Sah @ Rajiv Kumar S/O Hira 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

                   as withdrawn with the aforesaid liberty to the petitioners.

                                5. It is clarified that this Court has not expressed any
              Patna High Court CR. MISC. No.17390 of 2024(2) dt.23-03-2026
                                                          2/2




                        opinion on the merits of the case.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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