Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The Court permitted the withdrawal of the criminal miscellaneous application, dismissing it as withdrawn.
Summary
The petitioners, a group of relatives from Hasanchak village, filed a criminal miscellaneous application against the State of Bihar and a police officer. They sought the Court's permission to withdraw the application while preserving the right to raise all points raised therein at the time of charge framing, should charges not be framed. The learned counsel for the petitioners requested this liberty, and the State's counsel opposed. Justice Praveen Kumar granted the petitioners' request, allowing the withdrawal of the application. The Court dismissed the application as withdrawn, expressly stating that it did not pass any judgment on the merits of the underlying case.
Issues considered
- Whether a criminal miscellaneous application may be withdrawn with liberty to raise the same points at the stage of charge framing
Subjects
- criminal miscellaneous
- withdrawal of application
- procedural law
- charge framing
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2670 of 2026
Arising Out of PS. Case No.-134 Year-2024 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
1. Jitendra Kumar S/o Sukh Ranjan Rajak R/o Village- Hasanchak, Bangara,
Police Station- Muzaffarpur Sadar, District- Muzaffarpur
2. Sangita Devi W/o Jitendra Kumar R/o Village- Hasanchak, Bangara, Police
Station- Muzaffarpur Sadar, District- Muzaffarpur
3. Vishwanand Rajak S/o Mahesh Baitha R/o Village- Hasanchak, Bangara,
Police Station- Muzaffarpur Sadar, District- Muzaffarpur
4. Krishna Rajak S/o Sukh Ranjan Rajak R/o Village- Hasanchak, Bangara,
Police Station- Muzaffarpur Sadar, District- Muzaffarpur
5. Sukh Ranjan Rajak S/o Late Bunilal Rajak R/o Village- Hasanchak,
Bangara, Police Station- Muzaffarpur Sadar, District- Muzaffarpur
6. Anita Devi @ Golwa Devi W/o Sukh Ranjan Rajak R/o Village- Hasanchak,
Bangara, Police Station- Muzaffarpur Sadar, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Daroga Baitha S/o Ramchandra Baitha R/o vill - Bishunpura, P.s. - Saraiya,
Distt.- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Singh, Adv.
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. At the very outset, learned counsel for the
petitioners seeks permission to withdraw this criminal
miscellaneous application with liberty to raise all the points as
raised in this application, at the time of framing of charge, if not
framed.
Patna High Court CR. MISC. No.2670 of 2026(2) dt.11-03-2026
2/2
3. Permission, as sought for, is accorded.
4. Accordingly, this criminal miscellaneous
application is dismissed as withdrawn.
5. It is made clear that this Court has not expressed
any opinion on the merits of the case.
(Praveen Kumar, J)
brajesh/-
U T
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