Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 27 February 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

The court allowed the withdrawal of the application and granted liberty to the petitioners to challenge the FIR.

Summary

The petitioners Deepak Kumar, Vicky Kumar and Murari Singh filed an application before the Patna High Court challenging the cognizance order in a criminal case arising from FIR No. 434 of 2019. Their counsel argued that the challenge to the cognizance order was filed inadvertently and that the proper remedy was to contest the FIR itself. The petitioners sought the court's permission to withdraw the present application while retaining the liberty to file a fresh challenge to the FIR. The learned judge considered whether such withdrawal and liberty could be granted. The court granted permission to withdraw the application and expressly allowed the petitioners to pursue a challenge to the FIR. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether the petitioners may withdraw the application challenging the cognizance order
Whether the court can grant liberty to the petitioners to file a fresh challenge to the FIR

Subjects

cognizance order
FIR challenge
withdrawal of application
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35167 of 2025

                       Arising Out of PS. Case No.-434 Year-2019 Thana- BODHGAYA District- Gaya
                 ======================================================
           1.    Deepak Kumar S/O Late Ambika Prasad R/O Near Royal Residency,
                 Mahubad, P.O. and P.S.- Bodh Gaya, District- Gaya
           2.    Vicky Kumar S/O Binesh Singh R/O Pachhati, P.O. and P.S.- Bodh Gaya,
                 District- Gaya
           3.    Murari Singh S/O Ram Lakhan Prasad R/O Tika Bigha, P.O. and P.S.- Bodh
                 Gaya, District- Gaya


                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sheela Thakur D/O Digheshwar Thakur R/O Vill.- Barka Chua, P.s.- Gidhi
                 A, Dist.- Hazaribagh, Jharkhand.


                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Shrishti Singh, Adv.
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


2   27-02-2026                   Heard the learned counsel for the petitioners and the

                   learned APP for the State.

                                 2. Ms. Shrishti Singh, the learned counsel for the

                   petitioners, submits that in this case the cognizance order has

                   been challenged, however that was done inadvertently and, in

                   fact, the F.I.R. has to be challenged.               She, therefore, seeks
            Patna High Court CR. MISC. No.35167 of 2025(2) dt.27-02-2026
                                                        2/2




                      permission to withdraw the present application with a liberty to

                      the petitioners to challenge the F.I.R. of the concerned case.

                                   3. Permission is accorded.

                                   4. Dismissed as withdrawn with the liberty aforesaid.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T

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