Patna High Court
Shashi Bhushan Roy and OrsversusState Of Bihar and Anr
- Decided
- Disposal
- WITHDRAWN
- Bench
- SHAILENDRA SINGH
Holding
The petitioners are permitted to withdraw the petition with liberty to raise all grounds before the trial court.
Summary
The petitioners, a group of residents from Samastipur, filed a criminal miscellaneous petition before the Patna High Court. During the hearing, they sought permission to withdraw the petition and instead raise all their grounds before the trial court. The court considered whether such a withdrawal was permissible at the stage of the trial. After hearing the arguments, the court allowed the withdrawal, granting them liberty to present their defenses in the trial court. Consequently, the petition was disposed of as withdrawn.
Issues considered
- Whether the petitioners may withdraw the criminal miscellaneous petition at the current stage of the trial
Subjects
- withdrawal of petition
- criminal miscellaneous proceedings
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32172 of 2016
Arising Out of PS. Case No.-206 Year-2012 Thana- ROSERA District- Samastipur
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1. Shashi Bhushan Roy and Ors Son of Late Dayanand Roy
2. Mantun Roy Son of Late Dayanand Roy
3. Most. Radha Devi Wife of Rajesh Kumar Roy
4. Manju Devi Wife of Ram Kumar Yadav
5. Lalita Devi Wife of Ram Dayal Mahto
6. Anju Devi Wife of Mahesh Mahto
7. Lamina Devi Wife of Ganesh Thakur
8. Sushila Devi Wife of Aklu Yadav
9. Ranju Devi Wife Hira Yadav
10. Vimal Devi Wife Yogi Mahto
11. Sushila Devi Wife of Ladu Lal Mahto Petitioner No. 1 to 3 are residents of
village - Bhirha and Petitioner No. 4 to 11 are residents Bhirtha Tole Dhatha,
Police Station Rosera, District - Samastipur
... ... Petitioner/s
Versus
1. State Of Bihar
2. Vimlendra Roy Son of Late Bandan Roy Resident of village - Bhirha
Pachim, Police Station Rosera, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abdul Mannan Khan, Advocate
Mr. Binay Kumar, Advocate
For the State : Mr. Amrendra Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 27-01-2026 After some arguments, in view of the stage of the
petitioners’ trial, learned counsel for the petitioners seeks
permission to withdraw the present petition with liberty to raise
all the grounds taken herein before the trial court at the time of
hearing.
Patna High Court CR. MISC. No.32172 of 2016(3) dt.27-01-2026
2/2
2. In view of the aforesaid submissions and prayer, the
petitioners are permitted to withdraw this petition with the
aforesaid liberty.
3. In the result, the instant criminal miscellaneous
petition stands disposed of as withdrawn.
(Shailendra Singh, J)
siddharthkr/-
U T
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