Patna High Court

Santosh Kumar SahversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

The application is disposed of, with a direction to the trial court to expedite the trial.

Summary

Santosh Kumar Sah filed an application before the Patna High Court in a criminal miscellaneous case arising from PS‑Dandkhora, Katihar. The application sought interim relief pending the trial of the case. During the hearing, the petitioner’s counsel requested withdrawal of the application, stating that the trial had already commenced and witnesses were being examined. The Court accepted the withdrawal and disposed of the application. It further directed the trial court to expedite the pending trial. No substantive merits of the original application were adjudicated.

Issues considered

Whether the Court should entertain the petitioner’s application for interim relief after the trial has commenced and witnesses are being examined.

Subjects

criminal procedure
trial expeditious
application withdrawal
interim relief

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.27298 of 2024
                      Arising Out of PS. Case No.-27 Year-2019 Thana- DANDKHORA District- Katihar
                  ======================================================
                  Santosh Kumar Sah Son of Ramjee Sah RESIDENT OF SHIVGANJ
                  SOURIA, PS-DANDKHORA, DISTRICT-KATIHAR
                                                               ... ... Petitioner/s
                                             Versus
            1.     The State of Bihar Bihar
            2.    Madan Kumar Arya Son of late Nand Prasad Arya Resident of vill.-Souria,
                  P.S.-Dandkhora, Distt.-Katihar
            3.    Amar Kumar Arya Son of late Nand Prasad Arya Resident of vill.-Souria,
                  P.S.-Dandkhora, Distt.-Katihar
            4.     Chandra Deo Hansda Son of late Bitka Hembram Resident of vill.-Souria,
                   P.S.-Dandkhora, Distt.-Katihar
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Krishna Chandra Ojha, Advocate
                  For the Opposite Party/s :      Mrs. Anita Kumari, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

3    08-01-2026                     Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner prays for withdrawal of the present application in

                    view of the fact that the trial has commenced and the witnesses

                    are being examined.

                                 3. In such view of the matter, this application is

                    disposed of with a direction to the learned Trial Court to

                    expedite the trial.



                                               (Soni Shrivastava, J)
anand/-
U       T

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