Patna High Court
Rajeev Kumar Ojha @ Raju OjhaversusState Of Bihar and Anr
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The application is withdrawn, interim protection is vacated, and the case shall proceed in the lower court with directions consistent with Kanchan Kumar v. State of Bihar.
Summary
The petitioner, Rajeev Kumar Ojha, sought to withdraw his application and reserve the right to raise all grounds at the stage of framing of charge. The court allowed the withdrawal, directing that any future application be heard by the lower court in line with the Supreme Court's decision in Kanchan Kumar v. State of Bihar. The court warned that if the opposite party does not cooperate, the lower court may proceed ex‑parte and decide within a year of this order. The interim protection previously granted to the petitioner was vacated. The order was to be communicated to the Principal District Judge, Bhojpur for further proceedings.
Issues considered
- Whether the petitioner may withdraw the present application and raise all grounds at the framing of charge stage
- Procedural steps if the opposite party does not cooperate in disposing of the case
- Effect of vacating the interim protection granted to the petitioner
Subjects
- criminal procedure
- withdrawal of application
- interim protection
- framing of charge
- ex‑parte proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42322 of 2016
Arising Out of PS. Case No.-1066 Year-2011 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
Rajeev Kumar Ojha @ Raju Ojha S/o Chandra Mohan Ojha R/o Village-
Gundi, P.O.- Gundi, P.S.- Krishnagarh Barahara, District- Bhojpur. at present-
Shital Tola in Nagendra Singh Gali, in front of Sapana Cinema Hall, P.S.- Ara
Town, District- Bhojpur.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Basudeo Shukla S/o Late Salik Shukla R/o Village- Shukla Pura, P.O.-
Dariyapur, P.S.- Ara Muffasil Dhobaha O.P., District- Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Mithilesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. After some arguments, learned counsel for the
petitioners prays for and is permitted to withdraw this application
with liberty to the petitioners 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. If O.P. No. 2 does not cooperate in the disposal of the
Patna High Court CR. MISC. No.42322 of 2016(4) dt.13-01-2026
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case, then the learned court below will proceed ex-parte and
decide the case within one year of communication of this order.
5. The interim protection, if any, granted to the
petitioner, is hereby vacated.
6. Let a copy of this order be communicated to Principal
District Judge, Bhojpur through FAX so that the case will proceed
further.
(Sandeep Kumar, J)
tusharika/-
U T
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