Patna High Court

Birbal Kumar DasversusThe State of Bihar

Decided: 9 April 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The Court allowed the withdrawal of the application and disposed of it without expressing any view on the merits.

Summary

The petitioner, Birbal Kumar Das, filed an application seeking to withdraw the present application so that all points could be raised at the time of framing of charge. The petitioner also sought liberty to raise the grounds pleaded in the withdrawn application at that stage. The learned counsel for the petitioner made this prayer before the Hon'ble Mr. Justice Praveen Kumar. The Court allowed the prayer and ordered that the application be disposed of as withdrawn. It was expressly clarified that the Court did not express any opinion on the merits of the underlying criminal case.

Issues considered

Whether an application seeking its own withdrawal can be permitted by the Court

Subjects

withdrawal of application
criminal procedure
charge framing
procedural order
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24501 of 2025
                         Arising Out of PS. Case No.-140 Year-2024 Thana- Mufassil District- Purnia
                  ======================================================
                  Birbal Kumar Das S/o Late Jangali Das R/o vill - Rampur Naya Tola, ward
                  no. 01, PS- Muffasil, District- Punea
                                                                         ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar
            2.     Khushbu Kumari W/o Gayanand Kumar Sharma R/o vill - Rampur Naya
                   Tola, ward no. 1, P.S.- Muffasil, Distt.- Purnea
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Ram Prawesh Kumar
                  For the Opposite Party/s :        Mr.Narsingh Tanti
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    09-04-2026                  At the very outset, learned counsel for the petitioners

                    prays for withdrawal of this application so as to raise all the

                    points available to the petitioner and the grounds pleaded in this

                    application at the time of framing of charge.

                                 2 Prayer is allowed.

                                 3 This application is disposed of as withdrawn with

                    the liberty aforesaid.

                                 4 It is made clear that this Court has not made any

                    opinion on the merits of the case.



                                               (Praveen Kumar, J)
M.E.H./-

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