Patna High Court
Ramu SawversusState Of Bihar and Anr
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner may withdraw the application, raise all grounds at the charge‑framing stage, and any interim protection is to be vacated.
Summary
Ramu Saw filed an application in a criminal miscellaneous proceeding before the Patna High Court seeking interim protection. The petitioner later requested to withdraw that application and to raise all substantive grounds at the stage of framing of charge. The court, after hearing counsel, permitted the withdrawal and granted liberty to raise the grounds later, directing that any interim protection be vacated. The decision referenced the Supreme Court's ruling in Kanchan Kumar vs. State of Bihar (2022) 9 SCC 577 as the governing principle. The order also directed that a copy be sent to the Principal District Judge, Gaya, for further proceedings.
Issues considered
- Whether the petitioner may withdraw the pending application and defer raising all grounds to the charge‑framing stage
- Whether the interim protection granted to the petitioner should be vacated upon withdrawal of the application
- Application of the Supreme Court precedent in Kanchan Kumar vs. State of Bihar to the present petition
Subjects
- criminal procedure
- withdrawal of application
- interim protection
- charge framing
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41849 of 2016
Arising Out of PS. Case No.-436 Year-2012 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Ramu Saw, son of Kishori Saw, resident of village- Shyam Nagar Nima, P.S.-
Amas, District- Gaya (Bihar).
... ... Petitioner/s
Versus
1. State Of Bihar.
2. Ganesh Saw, son of Sukhdeo Saw, resident of village- Kalwan, P.S.- Amas,
District- Gaya (Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dudheshwar Singh, Advocate
For the Opposite Party/s : Mr.Binod Kumar 3, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 13-01-2026 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.
4. The interim protection, if any, granted to the
petitioner, is hereby vacated.
Patna High Court CR. MISC. No.41849 of 2016(6) dt.13-01-2026
2/2
5. Let a copy of this order be communicated to Principal
District Judge, Gaya through FAX so that the case will proceed
further.
(Sandeep Kumar, J)
tusharika/-
U T
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