Patna High Court
Jitendra Kumar Singh @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner may withdraw the pending application and the prayer was allowed.
Summary
The petitioners, Jitendra Kumar Singh and his family, filed a criminal miscellaneous application in the Patna High Court arising from a 2024 police case. They sought to withdraw the application so that all points could be raised at the time of framing of charge. The learned counsel for the petitioners moved the court for permission to withdraw. The court considered whether a withdrawal of a pending application could be permitted under procedural law. Finding no impediment, the court allowed the prayer. The application was disposed of as withdrawn, with liberty to raise points later. The court expressly noted that it did not express any opinion on the merits of the underlying case.
Issues considered
- Whether the petitioner can withdraw a pending criminal miscellaneous application and raise the points at the time of framing of charge
Subjects
- withdrawal of application
- procedural law
- criminal miscellaneous
- high court order
- petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18300 of 2026
Arising Out of PS. Case No.-1018 Year-2024 Thana- SASARAM NAGAR District- Rohtas
======================================================
1. Jitendra Kumar Singh @ Jitendra Kumar S/o Late Ram Pravesh Singh
Resident of Muhalla - H. No. 72, New Area near Gayatri Mandir, Ward No.
17, P.S. Sasaram Town, District - Rohtas
2. Jaya Devi @ Jaya Singh W/o Jitendra Kumar Singh @ Jitendra Kumar
Resident of Muhalla - H. No. 72, New Area near Gayatri Mandir, Ward No.
17, P.S. Sasaram Town, District - Rohtas
3. Ashutosh Kumar @ Ashutosh Kumar Singh S/o Jitendra Kumar Singh @
Jitendra Kumar Under the Guardianship of his Father namely Jitendra
Kumar Singh @ Jitendra Kumar aged about 44 Years, Male Son of Late
Ram Pravesh Singh Resident of Muhalla - H. No. 72, New Area near Gayatri
Mandir, Ward No. 17, P.S. Sasaram Town, District - Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Priti Raj W/o Dipak Kumar Resident of Muhalla - H. No. 72, New Area near
Gayatri Mandir, Ward No. 17, P.S. Sasaram Town, District - Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashwani Kumar Tiwary
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 24-04-2026 At the very outset, learned counsel for the petitioners
prays for withdrawal of this application, so as to raise all the
points available to him and also the grounds pleaded in this
application at the time of framing of charge.
2. Prayer is allowed.
3. This application is disposed of as withdrawn with
the liberty aforesaid.
Patna High Court CR. MISC. No.18300 of 2026(2) dt.24-04-2026
2/2
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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