Patna High Court
Fulan Singh and OrsversusThe State Of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SHAILENDRA SINGH
Holding
The Court allowed the petitioners to withdraw the criminal miscellaneous petition with liberty to raise all grounds before the trial court.
Summary
The petitioners, six individuals from Sarma village, filed a criminal miscellaneous petition (No.21787 of 2016) against the State of Bihar. The petition was at the stage of evidence when they applied to withdraw it, seeking liberty to raise all grounds before the trial court during the hearing. The Court considered whether a petition at the evidence stage could be withdrawn with such liberty. It held that the petition could be withdrawn and the parties were given liberty to raise their grounds before the trial court. Accordingly, the petition was disposed of as withdrawn.
Issues considered
- Whether a criminal miscellaneous petition at the stage of evidence may be withdrawn with liberty to raise all grounds before the trial court?
Subjects
- withdrawal of petition
- criminal miscellaneous petition
- procedural law
- stage of evidence
- liberty to raise grounds
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21787 of 2016
Arising Out of PS. Case No.-33 Year-2012 Thana- SC/ST District- Lakhisarai
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1. Fulan Singh, Son of not known
2. Karu Singh @ Aman Kumar, son of Baddi Singh
3. Udho Singh @ Girja Singh, son of Nagina Singh
4. Subodh Singh son of Sahdeo Singh
5. Lalan Singh son of Narayan Singh
6. Pawan Singh son of Narayan Singh All are resident of village- Sarma, P.S.-
Lakhisarai in the District of Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the State : Mr. Ambika Bhagat Spl. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
5 27-01-2026 After some arguments, learned counsel appearing for
the petitioners, taking note of the stage of the petitioners’ case,
which is at the stage of evidence, seeks permission to withdraw
the present petition with liberty to raise all the grounds taken
herein before the trial court at the time of hearing.
2. In view of the aforesaid submissions and prayer,
petitioners are permitted to withdraw this petition with the
aforesaid liberty.
3. In the result, the instant criminal miscellaneous
petition stands disposed of as withdrawn.
(Shailendra Singh, J)
maynaz/-
U T
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