Patna High Court

Jai Ram SawversusThe State of Bihar

Decided: 21 April 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court may allow the withdrawal of an application upon the petitioner’s request without expressing any view on the merits.

Summary

Jai Ram Saw filed an application before the Patna High Court seeking to withdraw the same so that he could raise all points and grounds at the time of charge framing. The petitioner’s counsel requested permission for withdrawal. The court considered the request and, without delving into the merits of the underlying case, granted the petitioner's prayer. It ordered that the application be treated as withdrawn and gave liberty to raise the points later. No substantive opinion on the case’s merits was expressed by the court.

Issues considered

Whether the court may permit the withdrawal of an application at the request of the petitioner

Subjects

withdrawal of application
procedural law
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35167 of 2024
                       Arising Out of PS. Case No.-11 Year-2023 Thana- GOPALPUR District- Patna
                 ======================================================
                 Jai Ram Saw Son of Masudan Sawq Resident of Mohalla- West of Indian Gas
                 Godam, Adarsh Vihar, Road No. 2, Ramkrishna Nagar, P.S.- Ramkrishna
                 Nagar, Dist.- Patna
                                                                       ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar Patna
           2.     Niraj Singh son of Nand Lal Singh Resident of Mohalla- 66 Defense
                  Colony, East of Opposite Road No. 1 of Ashok Nagar, Near Loha Pole, P.O.-
                  Lohia Nagar, P.S.- Kankarbagh, Dist.- Patna
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar No. I, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   21-04-2026                  At the very outset, learned counsel for the petitioner

                   seeks permission to withdraw this application so as to raise all

                   the points available to him and also the grounds pleaded in this

                   application at the time of framing of charge.

                                2. Prayer is allowed.

                                3. This application is disposed of as withdrawn with

                   the liberty aforesaid.

                                4. It is made clear that this Court has not expressed

                   any opinion on the merits of this case.



                                              (Praveen Kumar, J)
shivam/-
U      T

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