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Patna High Court

SHIV SHANKAR PRASADversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The application is dismissed as withdrawn.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 Consequently, the application was dismissed as withdrawn.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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