Patna High Court
MANTU SINGH @ MINTU KUMAR @ MANTU THAKURversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The petition is allowed to be withdrawn as the trial has already commenced.
Summary
Mantu Singh filed a criminal miscellaneous petition before the Patna High Court seeking permission to withdraw his petition after the trial in PS case No.445/2015 had already commenced. The trial court had examined two charge-sheet witnesses and five remained unexamined, and charges had been framed finding a prima facie case against the petitioner. The petitioner’s counsel requested that the petition be withdrawn in view of the ongoing trial. The Court examined the stage of the trial and noted that the proceedings were already underway with a prima facie case established. Accordingly, the Court allowed the withdrawal of the petition and disposed of the matter as withdrawn.
Issues considered
- Whether a criminal miscellaneous petition can be withdrawn after the trial has commenced and charges have been framed?
Subjects
- withdrawal of petition
- criminal trial
- prima facie case
- high court order
- trial commencement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3271 of 2023
Arising Out of PS. Case No.-445 Year-2015 Thana- HARSIDHI District- East Champaran
======================================================
MANTU SINGH @ MINTU KUMAR @ MANTU THAKUR Son of Dev
Narain Thakur @ Daya Shankar Thakur R/v- Semra Hat, P.S.- Turkauliya,
District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Om Prakash Dwivedi, Officer-in-Charge, P.S.-Harsidhi, District-East
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar No.1, Advocate
For the State : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
8 13-01-2026 Earlier, vide order dated 23.09.2025, this Court
had directed the learned Trial Court to submit a status report
regarding the stage of the trial. In compliance thereof, a
report has been received and from a perusal of the same, it
transpires that till 08.10.2025, two charge-sheet witnesses
have been examined and the remaining five are yet to be
examined.
2. In view of the above, since the trial has already
commenced and charges have been framed against the
petitioner having found prima facie case, learned counsel
for the petitioner seeks permission to withdraw the present
Patna High Court CR. MISC. No.3271 of 2023(8) dt.13-01-2026
2/2
petition in view of the initiation of the trial.
3. The prayer is allowed.
4. Accordingly, the petition is disposed of as
withdrawn, in view of the fact that the trial has already
commenced.
(Sourendra Pandey, J)
aditya/-
U
Checking your session…