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Patna High Court

Rajeev Kumar Ojha @ Raju OjhaversusState Of Bihar and Anr

Decided
Disposal
WITHDRAWN

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The application is withdrawn, interim protection is vacated, and the case shall proceed in the lower court with directions consistent with Kanchan Kumar v. State of Bihar.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
                                                          2/2




                        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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