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Patna High Court

ANAND KUMAR GUPTAversusTHE STATE OF BIHAR

Decided
Disposal
WITHDRAWN

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to the Supreme Court’s decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577, dismissed the application as withdrawn.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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