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Patna High Court

MEENA DEVI AND ORS.versusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The High Court held that the application was dismissed as withdrawn and the interim protection was vacated, directing the lower court to proceed with the case.

Summary

The petitioners, a group of residents from Gadua village, filed an application before the Patna High Court seeking interim protection in a criminal miscellaneous case against the State of Bihar and another respondent. During the hearing on 20-01-2026, the petitioners, through counsel Mr. Bipin Kumar, requested to withdraw the application and were allowed to raise their grounds at a later stage. The Court noted that any future application would be considered in light of the Supreme Court’s decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. Consequently, the Court dismissed the present application as withdrawn and vacated the interim protection order dated 10-07-2025. The Court directed the Principal District and Sessions Judge, Sheikhpura, to proceed with the case without the interim protection.

Issues considered

  • Whether the petitioner's application for interim protection can be withdrawn
  • Whether the lower court should continue the proceedings after vacating the interim protection

Subjects

  • interim protection
  • withdrawal of application
  • criminal miscellaneous
  • high court order
  • vacated order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19552 of 2019
                     Arising Out of PS. Case No.-13 Year-2013 Thana- CHEWARA District- Sheikhpura
                 ======================================================
           1.     MEENA DEVI AND ORS. W/o Chandra Shekhar Singh village-Gadua, P.S-
                  Chewara,District-Sheikhpura
           2.    Rakesh Kumar @ Rajesh kumar S/o Kartik Singh village-Gadua, P.S-
                 Chewara,District-Sheikhpura
           3.    Chandra Shekhar Singh S/o Krishn Nandan Singh village-Gadua, P.S-
                 Chewara,District-Sheikhpura
           4.    Arun Singh S/o Late Aditya Singh village-Gadua, P.S-Chewara,District-
                 Sheikhpura
           5.    Kameshwar Singh S/o Late                 Gauri    Singh     village-Gadua,     P.S-
                 Chewara,District-Sheikhpura
           6.    Virendra Singh S/o Late               Mathura     Singh     village-Gadua,     P.S-
                 Chewara,District-Sheikhpura
           7.    Tanik Singh S/o Late Lakhan Singh village-Gadua, P.S-Chewara,District-
                 Sheikhpura

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    mukesh kumar S/O- Rajnandan singh, R/O village- kamera, P.S-Aariyari.
                 District-Sheikhpura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bipin Kumar
                 For the Opposite Party/s :       Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   20-01-2026                    Heard the parties including the learned APP for the

                   State.

                                2. After some arguments, learned counsel for the

                   petitioners prays for and is permitted to withdraw this

                   application       with a liberty to raise all the grounds at an

                   appropriate stage.
          Patna High Court CR. MISC. No.19552 of 2019(3) dt.20-01-2026
                                                      2/2




                                 3. If any application is filed by the petitioners, 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 10.07.2025 is hereby vacated and the

                    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, Sheikhpura through FAX

                    for its compliance.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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