Patna High Court
MEENA DEVI AND ORS.versusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
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The High Court held that the application was dismissed as withdrawn and the interim protection was vacated, directing the lower court to proceed with the case.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 Consequently, the Court dismissed the present application as withdrawn and vacated the interim protection order dated 10-07-2025.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- Whether the petitioner's application for interim protection can be withdrawn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
Checking your session…