Patna High Court
KRISHNA PRASAD KESHRIversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The High Court vacated the interim protection and permitted the petitioners to withdraw the application, allowing them to raise all grounds at the framing of charge stage.
Summary
Krishna Prasad Keshri and his wife Bina Devi filed an application before the Patna High Court seeking interim protection in a criminal miscellaneous proceeding. They later requested to withdraw the application and were granted liberty to raise all their grounds at the stage of framing of charge, as the trial had already commenced and three witnesses had been examined. The court noted that any such application would be considered by the lower court in accordance with the Supreme Court's decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. Accordingly, the High Court vacated the interim protection previously granted to the petitioners. The order directed that a copy be communicated to the Principal District Judge, Gaya, to allow the case to proceed. The petitioners' request to withdraw was effectively permitted, subject to the lower court's further consideration.
Issues considered
- What is the appropriate procedure for withdrawing an application and raising grounds at the stage of framing of charge in a criminal trial?
- Whether the interim protection granted to the petitioners should be vacated pending consideration by the lower court?
Subjects
- criminal procedure
- withdrawal of application
- interim protection
- framing of charge
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32153 of 2019
Arising Out of PS. Case No.-181 Year-2017 Thana- GAYA KOTWALI District- Gaya
======================================================
1. KRISHNA PRASAD KESHRI Son of Late Gopal Prasad Keshri Resident of
Mohalla - Lahriya Tola, P.S.- Kotwali, Distt - Gaya.
2. Bina Devi @ Veena Devi Wife of Krishna Prasad Keshri Resident of
Mohalla - Lahriya Tola, P.S.- Kotwali, Distt - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ansul, Sr. Advocate
Mr.Tabish Sharfuddin, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard Mr. Ansul learned Senior Counsel for the
petitioners and learned counsel for the State.
2. After some arguments, learned counsel for the
petitioners prays for and is permitted to withdraw this application
with liberty to the petitioners to raise all the grounds at the stage of
framing of charge as the trial has already commenced and three
witnesses have been examined after framing of charge.
3. If such an application is filed, the same shall be
heard and considered by the learned court below in view of the
law laid down by the Hon’ble Supreme Court in the case of
Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577
and accordingly a reasoned order shall be passed.
Patna High Court CR. MISC. No.32153 of 2019(4) dt.20-01-2026
2/2
4. The interim protection, if any, granted to the
petitioners, is hereby vacated.
5. Let a copy of this order be communicated to Principal
District Judge, Gaya Jee through FAX so that the case will proceed
further.
(Sandeep Kumar, J)
tusharika/-
U T
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