Patna High Court
SHIV SHANKAR PRASADversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The application is dismissed as withdrawn.
Summary
Shiv Shankar Prasad filed an application seeking to raise all grounds at the stage of framing of charge in a criminal miscellaneous case. The petitioner’s counsel sought permission to withdraw the application and defer raising the grounds. The court allowed the withdrawal, noting that any application filed must be decided with a reasoned order per Supreme Court precedent. The court referred to the decision in Kanchan Kumar Vs. State of Bihar (2022) 9 SCC 577 for guidance. Consequently, the application was dismissed as withdrawn.
Issues considered
- Whether the petitioner may withdraw the application and raise all grounds at the stage of framing of charge
- Whether the court must pass a reasoned order in accordance with the Supreme Court’s decision in Kanchan Kumar Vs. State of Bihar
Subjects
- Criminal Procedure
- Withdrawal of Application
- Framing of Charge
- Reasoned Order
- Supreme Court Precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41992 of 2019
Arising Out of PS. Case No.-5 Year-2015 Thana- SHEKHPURA COMPLAINT CASE
District- Sheikhpura
======================================================
Shiv Shankar Prasad Son of Late Naw Ratan Ram @ Navratan Ram Resident
of Mohalla - Katna Chowk, P.S - Sheikhpura, Distt - Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sidheshwar Prasad Son of Late Ganga Bishnu Ram Resident of Mahuri
Tola, P.S.- Sheikhpura, Distt - Sheikhpura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Advocate
For the State : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner is permitted to
withdraw this application to raise all the grounds at the stage of
framing of charge.
3. If an application is filed before the court concerned,
then the learned Court will pass a reasoned order in accordance
with law in light 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.
Patna High Court CR. MISC. No.41992 of 2019(5) dt.19-01-2026
2/2
4. In view of the above, this application is dismissed
as withdrawn.
(Sandeep Kumar, J)
P. Kumar
U T
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