Patna High Court

Vishwanath SahaniversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SOURENDRA PANDEY

Holding

The court allowed the petitioner to withdraw the application and defer his arguments to the charge‑framing stage.

Summary

Vishwanath Sahani filed an application in the Patna High Court seeking permission to withdraw that application and to raise all points at the time of framing of charge. The State of Bihar and Baiju Sahani were opposite parties. The petitioner’s counsel argued that withdrawal should be allowed so that the petitioner could address all issues later. The court considered whether procedural rules permit such a withdrawal. Justice Sourendra Pandey granted the request, allowing the petitioner to withdraw the application. Consequently, the application was disposed of with the observation that the petitioner may raise his points at charge framing.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application and defer raising his points to the stage of framing of charge

Subjects

withdrawal of application
criminal procedure
framing of charge
High Court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.438 of 2026
                   Arising Out of PS. Case No.-1039 Year-2022 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Vishwanath Sahani Son of Late Ram Chandra Sahni Resident of Village -
                 Vijay Chhapra, P.S.- Ahiyapur, District - Muzaffarpur.
                                                                        ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar Bihar
           2.     Baiju Sahani Son of Late Ram Chandra Sahni Resident of Village - Vijay
                  Chhapra, P.S.- Ahiyapur, District - Muzaffarpur
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok, Adv.
                 For the Opposite Party/s :       Mr. Chandra Mohan Jha, Adv.
                                                  Mr. Dhananjay Kumar Singh, Adv.
                 For the State            :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   19-01-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the O.P. No. 2 and learned A.P.P. for the State.

                                 2. After some arguments, learned counsel for the

                   petitioner submits that he may be permitted to withdraw the

                   present application and to raise all such points which is

                   available to him at the time of framing of charge.

                                 3. Permission is accorded.

                                 4. Accordingly, the present application is disposed of

                   with the aforesaid observation.



                                              (Sourendra Pandey, J)
Gautam/-
U     T

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