Patna High Court

Tabarak @ Md. TabarakversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court held that the petitioners may withdraw the application, with liberty to raise points later, without expressing any view on the merits.

Summary

The petitioners, four individuals from Darbhanga district, filed a criminal miscellaneous application before the Patna High Court against the State of Bihar and Jarina Khatoon. They later sought the court’s permission to withdraw the application while reserving the right to raise all points at a later stage. The learned counsel for the petitioners, Mr. Nilendu Kumar Choudhary, made the request on 13 March 2026. The court, after hearing the counsel, granted the permission to withdraw. It ordered that the application be disposed of as withdrawn, expressly stating that no opinion on the merits was expressed. The order leaves the petitioners free to raise any issues in future proceedings.

Issues considered

Whether the petitioners may be permitted to withdraw their application with liberty to raise points later

Subjects

withdrawal of application
procedural law
criminal miscellaneous
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2103 of 2025
                      Arising Out of PS. Case No.-264 Year-2024 Thana- BAHERA District- Darbhanga
                 ======================================================
           1.     Tabarak @ Md. Tabarak son of Md. Sagir Resident of Village- Mogra Police
                  Station- Ghanshyampur District -Darbhanga
           2.    Shamsher @ Md. Shamsher @ Md. Samsher Son of Md. Dukhi Resident of
                 Village- Mogra Police Station- Ghanshyampur District -Darbhanga
           3.    Md. Daud @ Md. Daaud son of Md. Jahid Resident of Village- Pohaddi
                 Police Station- Ghanshyampur District -Darbhanga
           4.    Talib @ Md. Talib son of Md. Taiyab Resident of Village- Budhev
                 Inayatpur, Police Station- Ghanshyampur District -Darbhanga
                                                                           ... ... Petitioners
                                                   Versus
           1.    The State of Bihar
           2.     Jarina Khatoon Wife of Md. Sadre Alam village- Jayantipur, Purvari Tola
                  Near masjid, Ward no. 6, Ps- Bahera, Dist- Darbhanga
                                                                       ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioners      :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr.Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   13-03-2026                  Learned counsel for the petitioners seeks permission

                   to withdraw this application with liberty to raise all the points at

                   appropriate stage.

                                2. Permission is granted.

                                3. This application is disposed of as withdrawn with

                   the liberty aforesaid.

                                4. It is made clear that this court has not expressed

                   any opinion on the merits of the case.


                                              (Praveen Kumar, J)
Pawan/-

U     T

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