Patna High Court

Syed Zaki Anwar @ Syed Zaki AhmadversusThe State of Bihar

Decided: 12 February 2026
Disposal: DISPOSED
Bench: SOURENDRA PANDEY

Holding

The court held that the petitioner may withdraw the application, provided he is given liberty to raise all points at the time of framing of charge.

Summary

The petitioner, Syed Zaki Anwar, filed an application in a criminal miscellaneous proceeding arising out of PS case No.373 of 2021. He later sought the court’s permission to withdraw that application. The petitioner also requested that he be allowed to raise all points available to him at the time of framing of charge. The learned counsel for the petitioner made these submissions before Justice Sourendra Pandey. The court considered whether a withdrawal could be permitted without prejudice to the petitioner’s right to raise arguments later. Finding no legal impediment, the court granted the request, allowing the withdrawal with the liberty sought. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the petitioner may withdraw the application and retain the liberty to raise all points at the time of framing of charge

Subjects

withdrawal of application
criminal procedure
framing of charge

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.34204 of 2025
                    Arising Out of PS. Case No.-373 Year-2021 Thana- KISHANGANJ District- Kishanganj
                  ======================================================
                  Syed Zaki Anwar @ Syed Zaki Ahmad, S/o Syed Wasi Ahmad, Resident of
                  Village- Sbi Bank lane, Iqbal colony Paschim Palli, PS. Kishanganj District
                  Kishanganj

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ajit Kumar Singh, Advocate
                  For the Opposite Party/s :       Ms. Pushpa Sinha, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

3    12-02-2026                  After some arguments, learned counsel for the

                    petitioner submits that he may be permitted to withdraw the

                    present application with a liberty that he shall be raising all the

                    points available to the petitioner at the time of framing of

                    charge.

                                 2. Permission is accorded.

                                 3. The application stands dismissed as withdrawn with

                    the aforesaid liberty.



                                               (Sourendra Pandey, J)
manoj/-

U         T

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