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Patna High Court

Pukar Kapri @ Ramkumar Kapri @ Rampukar KapriversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court allowed the withdrawal of the criminal miscellaneous application with liberty to raise the points later, dismissing it as withdrawn.

Summary

Petitioners Pukar Kapri and Kripal Kapri filed a criminal miscellaneous application before the Patna High Court. Their counsel, Ms. Chetna, sought permission to withdraw the application while retaining the liberty to raise all the points raised therein at a later appropriate stage. The State, represented by an A.P.P., opposed the withdrawal. The Court, after hearing the arguments, granted the permission sought and dismissed the application as withdrawn, allowing the petitioners to raise the issues later. No substantive merits of the underlying criminal matter were addressed in this order.

Issues considered

  • Whether a criminal miscellaneous application may be withdrawn with liberty to raise the same points at a later stage

Subjects

  • withdrawal of application
  • criminal miscellaneous
  • procedural law
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2695 of 2026
                     Arising Out of PS. Case No.-58 Year-2020 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
           1.     Pukar Kapri @ Ramkumar Kapri @ Rampukar Kapri S/O Rambriksh Kapri
                  R/O village - Turkauliya, P S - Bathnaha, District - Sitamarhi
           2.    Kripal Kapri S/O Rambriksh Kapri R/O village - Turkauliya, P S - Bathnaha,
                 District - Sitamarhi

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    ABC S/O- XYZ R/O village - Turkauliya, P S - Bathnaha, District -
                 Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Chetna, Adv.
                                                  Mr.Devendra Kumar, Adv.
                 For the Opposite Party/s :       Mr.Renu Kumari, 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. Miss. Chetna, learned counsel for the petitioner has

                   argued this case at length and after some arguments, she seeks

                   permission to withdraw this criminal miscellaneous application

                   with liberty to raise all the points, as raised in this application, at

                   the appropriate stage.

                                 3. Permission, as sought for, is accorded.

                                 4.Accordingly, this criminal miscellaneous application

                   is dismissed as withdrawn with the liberty aforesaid.

                                 5.This Court has appreciated the arguments advanced
            Patna High Court CR. MISC. No.2695 of 2026(2) dt.11-03-2026
                                                        2/2




                      by learned counsel, Miss Chetna, on behalf of the petitioner.



                                                 (Praveen Kumar, J)
brajesh/-

U


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