Created by Fuzzy Cloud

Patna High Court

Uday Prakash @ Uday PrasadversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court allowed the petitioner to withdraw the application and dismissed it as withdrawn.

Summary

The petitioner, Uday Prakash, filed an application seeking to raise all points available to him at the appropriate stage of the trial after charges were framed. He later requested permission to withdraw this application. The learned counsel for the petitioner sought the court's leave to withdraw, and the State was represented by an APP. Justice Praveen Kumar allowed the prayer to withdraw, dismissing the application as withdrawn, and expressly noted that no opinion on the merits was expressed. Consequently, the application was closed without any substantive adjudication on the underlying criminal matter.

Issues considered

  • Whether the court may permit the petitioner to withdraw his application pending trial

Subjects

  • withdrawal of application
  • procedural law
  • criminal trial
  • court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.2991 of 2025
                   Arising Out of PS. Case No.-14 Year-2017 Thana- CHANPATIA District- West Champaran
                  ======================================================
                  Uday Prakash @ Uday Prasad S/O Chandrika Prasad Resident of village -
                  Ganeshpur, Jhakhra, P.S- Sikta, District- West Champaran
                                                                               ... ... Petitioner/s
                                                      Versus
                  The State of Bihar
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Brajesh Kumar Singh, Adv
                  For the Opposite Party/s :       Mr.Lalan Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    24-03-2026                    Heard learned counsel for the petitioner and learned APP for

                    the State.

                                  2. At the very outset, learned counsel for the petitioner seeks

                    permission to withdraw this application as during the pendency of this case

                    charges came to be framed and further prays to raise all the points available

                    to him and also the grounds pleaded in this application at the appropriate

                    stage of the trial.

                                  3. Prayer is allowed.

                                  4. Accordingly, this application is dismissed as withdrawn with

                    the liberty aforesaid.

                                  5. It is made clear that this Court has not expressed my opinion

                    on the merits of this case.




                                               (Praveen Kumar, J)
niku/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.