Patna High Court

Amlesh SinghversusState Of Bihar and Anr

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Disposal: WITHDRAWN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

Holding

The application is dismissed as withdrawn, with liberty to raise grounds later.

Summary

The petitioner, Amlesh Singh, filed an application in a criminal miscellaneous proceeding against the State of Bihar and Sobha Devi. During the hearing on 8 January 2026, counsel for the petitioner sought permission to withdraw the application, requesting liberty to raise all grounds at a later stage. The court granted permission to withdraw, directing that any future grounds be considered by the lower court in light of the Supreme Court decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. Consequently, the application was dismissed as withdrawn. The order leaves the petitioner free to raise substantive grounds in the pending proceedings before the trial court.

Issues considered

Whether the petitioner may withdraw the application and be allowed to raise the substantive grounds at a later stage

Subjects

withdrawal of application
procedural law
criminal miscellaneous proceedings
liberty to raise grounds

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.39865 of 2016
                        Arising Out of PS. Case No.-136 Year-2015 Thana- FATEHPUR District- Gaya
                  ======================================================
                  Amlesh Singh S/o Surendra Singh @ Suren Singh R/o Village- Kolhua, P.S.-
                  Ben, District- Nalanda.
                                                                         ... ... Petitioner/s
                                                  Versus
            1.     State Of Bihar
            2.     Sobha Devi W/o Amlesh Singh R/o Village- Gumma, P.S.- Fatehpur,
                   District- Gaya.
                                                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Sanjay Kumar
                  For the Opposite Party/s :       Mr.Sri Akbar Ali
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

6    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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