Patna High Court

Ashok Yadav @ Ram Narayan YadavversusState Of Bihar and Anr

Decided: 16 February 2026
Disposal: DISPOSED
Bench: SHAILENDRA SINGH

Holding

The court granted permission to withdraw the application and allowed the petitioner liberty to raise the same grounds before the trial court later.

Summary

The petitioner, Ashok Yadav, filed an application before the Patna High Court seeking permission to withdraw that application while retaining the liberty to raise all the grounds originally taken before the trial court at a later stage or at the final hearing. The petitioner argued that withdrawal should not preclude him from later presenting the same substantive issues. The court considered whether such permission could be granted without prejudice to the trial proceedings. After hearing counsel, the bench held that the petitioner could be allowed to withdraw the application and still be free to raise the same grounds later. Consequently, the application was disposed of as per the court’s order.

Issues considered

Whether a party may be permitted to withdraw an application and retain the liberty to raise the same grounds before the trial court at a later stage?

Subjects

withdrawal of application
permission to withdraw
liberty to raise grounds
criminal miscellaneous proceedings
trial court

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.17923 of 2016
                     Arising Out of PS. Case No.-1142 Year-2013 Thana- PATNA COMPLAINT CASE District-
                                                              Patna
                     ======================================================
                     Ashok Yadav @ Ram Narayan Yadav S/o - Late Mathura Prasad R/v -
                     Alawalpur, P.S. - Daniyawa, Distt. - Patna. At present Sanjay Hotel,
                     Daniyawa Bazar Station, P.S. - Daniyawa, Distt. - Patna.
                                                                              ... ... Petitioner/s
                                                        Versus
                1.    State Of Bihar and Anr
                2.    Gauri Devi @ Guriya W/o - Sri Ashok Yadav @ Ram Narayan Yadav R/v -
                      Alawalpur, P.S. - Daniyawa, Distt. - Patna at present tenant in the house of
                      Maurya Mahto, Gulbighat, P.S. - Sultanganj, Distt. - Patna.
                                                                             ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :      Mr.Vijay Kumar Sinha, Adv.
                     For the O.P. No.2        :      Mr. Bindeshwar Pd. Singh, Adv.
                     For the Opposite Party/s :      Mr. Sanjay Kumar Singh, APP.
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                           ORAL ORDER

10   16-02-2026                       After some argument learned counsel for the

                       petitioner seeks permission to withdraw this application with

                       liberty to raise all the grounds taken by him in this application

                       before the trial court at appropriate stage or at the stage of final

                       hearing.

                                    2. Permission as sought above is granted with the

                       aforesaid liberty. Accordingly, the instant application stands

                       disposed of.


                                                  (Shailendra Singh, J)

siddharthkr/-
U

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