Patna High Court

Rakesh KumarversusState Of Bihar and Anr

Decided: 8 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The application is dismissed as withdrawn, with permission to raise grounds later as directed.

Summary

The petitioner, Rakesh Kumar, filed an application in the Patna High Court against the State of Bihar and Dr. Arunima Chakarwarti. During the hearing on 8 January 2026, counsel for the petitioner sought and was granted permission to withdraw the application, with liberty to raise all grounds at a later stage. The court directed that any future grounds be considered by the lower court in light of the Supreme Court judgment in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. Consequently, the application was dismissed as withdrawn. No substantive merits of the original claim were decided.

Issues considered

Whether the petitioner may withdraw the application and reserve the right to raise all grounds later
Whether the lower court must consider any future grounds in accordance with the Supreme Court precedent

Subjects

criminal procedure
application withdrawal
permission to raise grounds
Supreme Court precedent

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.34695 of 2016
                       Arising Out of PS. Case No.-203 Year-2014 Thana- SABAUR District- Bhagalpur
                  ======================================================
                  Rakesh Kumar son of Rangbihari Singh Ro Vill- Bank Colony Talikamanjhi,
                  P.S.- Talikamanjhi, District- Bhagalpur.
                                                                         ... ... Petitioner/s
                                                      Versus
            1.     State Of Bihar
            2.     Dr. Arunima Chakarwarti Principle, D.P.S. School Dikshapuram, Sabour,
                   P.S.- Sabour, Distt- Bhagalpu
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Rajive Ranjan Singh
                  For the Opposite Party/s :       Mr.Sri Braj Kishore Prasad
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

8    08-01-2026                    Heard the parties.

                                   2. Learned counsel for the petitioner, after some

                    arguments, seeks permission and is permitted to withdraw this

                    application with a liberty to raise all the grounds at an

                    appropriate stage. If such grounds are raised by the petitioner

                    then the same shall be considered by the concerned Court below

                    in light of the judgment of the Hon’ble Supreme Court in the

                    case of Kanchan Kumar Vs. State of Bihar reported in (2022)

                    9 SCC 577.

                                 3. Accordingly, this application is dismissed as

                    withdrawn.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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