Patna High Court
AJAY KUMAR RAI @ MANTU RAI @ MANTU RAM and ANRversusState Of Bihar and Anr
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The court permitted withdrawal of the application, allowed petitioner No.2 to raise all grounds at charge framing, and vacated the interim protection.
Summary
The petitioners sought to withdraw their application after petitioner No.1, Ajay Kumar Rai, died. The petitioners requested liberty for petitioner No.2 to raise all grounds at the stage of framing of charge. The court, referring to the Supreme Court precedent in Kanchan Kumar vs. State of Bihar (2022) 9 SCC 577, allowed the withdrawal and granted the requested liberty. The interim protection previously granted to the petitioners was vacated. The order directed that a copy be sent to the Principal District Judge, Buxar, so that the criminal proceedings could continue.
Issues considered
- Whether an application can be withdrawn after the death of a petitioner
- Whether the surviving petitioner may raise all grounds at the charge‑framing stage
- Whether the interim protection granted to the petitioners should be vacated
Subjects
- Criminal Procedure Code
- withdrawal of application
- interim protection
- charge framing
- death of petitioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42983 of 2016
Arising Out of PS. Case No.-264 Year-2010 Thana- BUXAR MUFFSIL District- Buxar
======================================================
1.Ajay Kumar Rai @ Mantu Rai @ Mantu Ram Son of Sri Gopal Rai
@Mirtunjay Kumar Rai, Resident of Village Kritpura, Police Station Buxar (M),
District Buxar.
2. Gopal Rai @ Mirtunjay Kumar Rai Son of Late Gauri Shankar Rai, resident of
Village Kritpura, P.S.Buxar (M) District Buxar
... ... Petitioner/s
Versus
1. State Of Bihar
2. Shashi Kant Upadhya, Son of Late Anjani Upadhyaya resident of Village
Balua, P.S.- Buxar, Chausa, District- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Roy, Advocate
For the Opposite Party/s : Mr. Ram Priya Saran Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 13-01-2026 Heard learned counsel for the petitioners and
learned counsel for the State.
2. Learned counsel for the petitioner submits that
petitioner no. 1 has died.
3. In view of the aforesaid, learned counsel for the
petitioners prays for and is permitted to withdraw this application
with liberty to the petitioner no. 2 to raise all the grounds at the
stage of framing of charge.
4. 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
Patna High Court CR. MISC. No.42983 of 2016(8) dt.13-01-2026
2/2
and accordingly a reasoned order shall be passed.
5. The interim protection, if any, granted to the
petitioners, is hereby vacated.
6. Let a copy of this order be communicated to Principal
District Judge, Buxar through FAX so that the case will proceed
further.
(Sandeep Kumar, J)
tusharika/-
U T
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