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Patna High Court

Santosh Kumar RayversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court held that the petitioner may withdraw the application and ordered it dismissed as withdrawn.

Summary

Santosh Kumar Ray filed a criminal miscellaneous application before the Patna High Court. The petitioner, through counsel Mr. Ranjan Kumar Jha, requested permission to withdraw the application and to approach the appropriate forum after the charge is framed. The State, represented by Additional Public Prosecutor Mr. Ram Sevak Choudhary, opposed the request. The Court considered whether it could grant liberty to withdraw the pending application. After hearing both sides, the Court permitted the withdrawal and ordered the application to stand dismissed as withdrawn.

Issues considered

  • Whether the petitioner may be granted permission to withdraw the pending criminal miscellaneous application

Subjects

  • withdrawal of application
  • criminal procedure
  • court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.22455 of 2026
                     Arising Out of PS. Case No.-229 Year-2013 Thana- PURNEA SADAR District- Purnia
                  ======================================================
                  Santosh Kumar Ray S/o Ramswarup Ray R/o Village- Harpur Shahkund,
                  Thana- Shahkund, District- Bhagalpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ranjan Kumar Jha, Advocate
                  For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

2    07-04-2026                      Heard Mr. Ranjan Kumar Jha, learned counsel for

                    the petitioner and Mr. Ram Sevak Choudhary, learned

                    Additional Public Prosecutor for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner seeks permission to withdraw the present application

                    with liberty to the petitioner to move before the appropriate

                    forum after framing of charge.

                                 3. Permission is accorded.

                                 4. With the aforesaid liberty, the present application

                    stands dismissed as withdrawn.



                                           (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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