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Patna High Court

SUNNY KUMAR @ SHANI KUMARversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the petitioner to withdraw the application, vacated the interim protection, and directed the lower court to conclude the trial within one month.

Summary

The petitioner, Sunny Kumar, filed an application seeking to withdraw a pending application and requested liberty to raise all grounds at the stage of framing of charge. The High Court, after hearing counsel for both parties, permitted the withdrawal of the application and allowed the petitioner to raise his defenses later. The Court directed that any such application be heard by the lower court in accordance with the Supreme Court's decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. It also ordered the lower court to conclude the trial within one month, even if the wife does not cooperate. The interim protection previously granted to the petitioner was vacated, and the order was to be communicated to the Principal District Judge, Patna.

Issues considered

  • Whether the petitioner may withdraw the pending application and raise grounds at the charge‑framing stage
  • Whether the lower court should hear the withdrawal application in line with Supreme Court precedent
  • Whether the interim protection granted to the petitioner should be vacated
  • Whether the trial should be expedited within a specified time frame

Subjects

  • Criminal Procedure Code
  • withdrawal of application
  • interim protection
  • trial timeline
  • charge framing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35955 of 2019
                  Arising Out of PS. Case No.-1801 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 SUNNY KUMAR @ SHANI KUMAR S/O Omprakash Sah Resident of
                 Mohalla- Magardahi Road, Pan Mandi Gali, P.S. Town Samastipur, District-
                 Samastipur.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar
           2.    Suresh Prasad Gupta S/O Late Ram Vilas Sah Resident of Mohalla- Gola
                 Road, Chaudhary Gali, Bhootnath Chowk, P.S. Town Samastipur, District-
                 Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Md. Shahnawaz Ali, Advocate
                 For the Opposite Party/s :    Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   20-01-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. After some arguments, learned counsel for the

                   petitioner prays for and is permitted to withdraw this application

                   with liberty to the petitioner to raise all the grounds at the stage of

                   framing of charge.

                                3. If such an application is filed, the same shall be

                   heard and considered by the learned court below in view of the

                   law laid down by the Hon’ble Supreme Court in the case of

                   Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577

                   and accordingly a reasoned order shall be passed. Learned court

                   below is directed to conclude the trial within one month even if the
              Patna High Court CR. MISC. No.35955 of 2019(7) dt.20-01-2026
                                                          2/2




                        wife does not cooperate.

                                     4. The interim protection, if any, granted to the

                        petitioner, is hereby vacated.

                                     5. Let a copy of this order be communicated to Principal

                        District Judge, Patna through FAX so that the case will proceed

                        further.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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