Patna High Court

Rajendra Choudhari @ Rajendra SinghversusState Of Bihar and Anr

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

Holding

The High Court allowed the petitioner to withdraw the application with liberty to raise all grounds at an appropriate stage, dismissing the application as withdrawn.

Summary

The petitioner, Rajendra Choudhari, filed an application in the Patna High Court in a criminal miscellaneous case arising from a complaint in Rohtas district. The petitioner, through counsel Mr. Binod Kumar Singh, sought to withdraw the application while reserving the right to raise all grounds at a later stage. The court considered the request and, referencing the Supreme Court decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577, permitted the withdrawal with liberty to raise the grounds later. The court directed that any such grounds, if raised, would be examined by the lower court in light of the Supreme Court precedent. Consequently, the application was dismissed as withdrawn.

Issues considered

What is the appropriate procedure for withdrawing an application in a criminal case while preserving the right to raise grounds later?

Subjects

withdrawal of application
criminal procedure
Supreme Court precedent
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.40992 of 2016
                     Arising Out of PS. Case No.-1329 Year-2015 Thana- ROHTAS COMPLAINT CASE
                                                      District- Rohtas
                  ======================================================
                  Rajendra Choudhari @ Rajendra Singh Son of Late Aasmuni Choudhary
                  Resident of Village-Patadhi, P.S.-Shivsagar, District-Rohtas
                                                                               ... ... Petitioner/s
                                                      Versus
            1.     State Of Bihar and Anr
            2.     Surendra Singh son of Late Ram Aashish Singh Resident of Village-
                   Ruphatha, P.S.-Nokha, District-Rohtas
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Binod Kumar Singh
                  For the Opposite Party/s :      Mr.Sri Navin Kumar Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

11   08-01-2026                     Heard Mr. Sanjay Kumar Singh, learned counsel for

                    the petitioner and learned counsel for the State.

                                   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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