Patna High Court

Dr. Tapeshwar Prasad (Retd.) @ Tapeshwar PrasadversusThe State of Bihar

Decided: 17 April 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The court granted permission to withdraw the application and dismissed it as withdrawn.

Summary

The petitioner, Dr. Tapeshwar Prasad, filed a criminal miscellaneous application seeking permission to withdraw the present application and to raise all points and grounds at a later stage. The petitioner’s counsel requested the court’s leave to withdraw, while the State and the second opposite party were represented. The Hon’ble Justice Praveen Kumar allowed the prayer, granting permission to withdraw the application. The court dismissed the application as withdrawn, expressly stating that it made no comment on the merits of the underlying case. No substantive issues were adjudicated.

Issues considered

Whether the petitioner may be permitted to withdraw the application and raise the points at a later stage

Subjects

withdrawal of application
procedural order
criminal miscellaneous proceedings
permission to withdraw
no merits adjudicated

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17627 of 2026
                      Arising Out of PS. Case No.-1108 Year-2022 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Dr. Tapeshwar Prasad (Retd.) @ Tapeshwar Prasad S/o Late Panchakauri Saw
                 R/o - Ward no. 15, Mohalla - Ramna, P.S - Sherghati, District - Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rajiv Kumar Pathak S/o Sri Jagannath Pathak R/o Mohalla - Pathak Toli,
                 Sherghati, P.S - Sherghati, District - Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dinkar Kumar, Advocate
                 For the Opposite Party/s :       Mr. Surendra Kumar, APP
                 For the O.P. No.2        :       Mr. Man Mohan Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the Opposite Party No.2 and learned APP for the

                   State.

                                2. At the very outset, learned counsel for the petitioner

                   seeks permission to withdraw this application, so as to raise all

                   the points available to him and also the grounds pleaded in this

                   application at the appropriate stage.

                                3. Prayer is allowed.

                                4. This application is dismissed as withdrawn with the

                   liberty aforesaid.

                                5. It is made clear that this Court has not expressed
           Patna High Court CR. MISC. No.17627 of 2026(2) dt.17-04-2026
                                                       2/2




                     any opinion on the merits of this case.



                                                (Praveen Kumar, J)
shivam/-

U      T

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