Patna High Court
ANAND KUMAR GUPTAversusTHE STATE OF BIHAR
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The court held that the withdrawal of the application results in the vacating of the interim protection and the case must proceed in the lower court.
Summary
Anand Kumar Gupta filed an application seeking interim protection in a criminal miscellaneous case against the State of Bihar and Sachchidanand Dubey. The petitioner later sought to withdraw the application, requesting liberty to raise grounds later. The Patna High Court, noting the withdrawal and referring to the Supreme Court’s decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577, dismissed the application as withdrawn. Consequently, the interim protection granted on 24‑07‑2025 was vacated, and the lower court was directed to continue proceedings. The order was communicated to the Principal District and Sessions Judge, Rohtas for compliance.
Issues considered
- Whether the petitioner’s withdrawal of the application extinguishes the interim protection previously granted
- Whether the court may allow the petitioner to raise grounds at a later stage after withdrawal
Subjects
- withdrawal of application
- interim protection
- criminal miscellaneous proceedings
- Supreme Court precedent
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19073 of 2019
Arising Out of PS. Case No.-4 Year-2019 Thana- TILAUTHU District- Rohtas
======================================================
ANAND KUMAR GUPTA Son of Ramji Prasad Gupta Resident of Village
and Post Office- Dol, P.S.- Chiniya, District- Garhawa (Jharkhand).
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Sachchidanand Dubey Son of Ram Narayan Dubey Resident of Village-
Bhadokhara, P.S.- Tilauthu, District- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard the parties.
2. After some arguments, learned counsel for the
petitioner prays for and is permitted to withdraw this application
with a liberty to raise all the grounds at an appropriate stage.
3. If any application is filed by the petitioner, raising
the grounds then the Court below will consider the same and
will pass a reasoned order in light of the judgment of the
Hon’ble Supreme Court in the case of Kanchan Kumar Vs.
State of Bihar reported in (2022) 9 SCC 577.
4. Accordingly, this application is dismissed as
withdrawn and the interim protection granted to the petitioner
vide order dated 24.07.2025 is hereby vacated and the
Patna High Court CR. MISC. No.19073 of 2019(4) dt.20-01-2026
2/2
concerned Court below is directed to proceed in this case.
5. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Rohtas through FAX for
its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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