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Patna High Court

Rupkant RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application is disposed of as withdrawn with liberty to raise all points and grounds at the appropriate stage.

Summary

The petitioner, Rupkant Ray, filed a criminal miscellaneous application before the Patna High Court in a case arising from PS. Case No. 371 of 2018. The petitioner, through counsel Mr. Rahul Singh, sought the Court's permission to withdraw the application while retaining the liberty to raise all points and grounds at a later stage. The Court, after hearing counsel for both parties, allowed the prayer and ordered the application to be disposed of as withdrawn, expressly stating that no opinion was expressed on the merits of the case. Consequently, the petition stands withdrawn without any substantive adjudication.

Issues considered

  • Whether the petitioner may be permitted to withdraw the pending application with liberty to raise the same points later

Subjects

  • withdrawal of application
  • procedural law
  • criminal miscellaneous
  • liberty to raise points
  • no merits adjudicated

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.18364 of 2025
                        Arising Out of PS. Case No.-371 Year-2018 Thana- ALOULI District- Khagaria
                  ======================================================
                  Rupkant Ray Son of Late Pyarelal Ray Resident of Village - Bahadurpur, P.S.
                  - Alauli, District - Khagaria
                                                                              ... ... Petitioner/s
                                                   Versus
                  The State of Bihar
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Rahul Singh, Advocate
                  For the Opposite Party/s :        Mr. Meena Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    31-03-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. Learned counsel for the petitioner seeks permission

                    to withdraw this application with liberty 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 disposed of as withdrawn with

                    the liberty aforesaid.

                                 5. 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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