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Patna High Court

Md. Tabbu @ Md. AaftabversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the withdrawal of the application and disposed of it as withdrawn without expressing any opinion on the merits.

Summary

The petitioners, a group of eight individuals, filed an application in the Patna High Court against the State of Bihar and another respondent. Their counsel sought to withdraw the application while retaining the liberty to raise all points and grounds at a later stage. The court entertained the request, allowed the prayer for withdrawal, and disposed of the application as withdrawn. It expressly clarified that no opinion was expressed on the merits of the case. The order was pronounced by Justice Praveen Kumar.

Issues considered

  • Whether an application may be withdrawn with liberty to raise the same points and grounds at a later stage

Subjects

  • withdrawal of application
  • procedural law
  • criminal miscellaneous
  • liberty to raise points
  • High Court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43969 of 2024
                       Arising Out of PS. Case No.-529 Year-2018 Thana- ALAMGANJ District- Patna
                 ======================================================
           1.     Md. Tabbu @ Md. Aaftab Son of Md. Anwar @ Chhotan R/o - Dadarmandi,
                  P.S.- Alamganj, District - Patna.
           2.    Md. Mumtaj Son of Md. Anwar @ Chhotan R/o - Dadarmandi, P.S.-
                 Alamganj, District - Patna.
           3.    Md. Mukhtar @ Md. Mokhtar Son of Md. Anwar @ Chhotan R/o -
                 Dadarmandi, P.S.- Alamganj, District - Patna.
           4.    Md. Tabish @ Tabiz Son of Md. Emteyaj R/o - Dadarmandi, P.S.- Alamganj,
                 District - Patna.
           5.    Md. Aaltaf Son of Md. Emteyaj R/o - Dadarmandi, P.S.- Alamganj, District -
                 Patna.
           6.    Md. Faisal @ Md. Faizal Son of Md. Emteyaj R/o - Dadarmandi, P.S.-
                 Alamganj, District - Patna.
           7.    Md. Raghib @ Md. Raghi @ Raghi Son of Md. Emteyaj R/o - Dadarmandi,
                 P.S.- Alamganj, District - Patna.
           8.    Md. Suhdu @ Md. Sudhu Son of Md. Shaukat R/o - Dadarmandi, P.S.-
                 Alamganj, District - Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Md. Mustaq @ Chhotu Son of Late Md. Jauhar Alam R/o - Faujdari Kuan,
                 P.S.- Khajekalan, District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhimanyu Deo, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   31-03-2026                  At the very outset, learned counsel for the petitioners

                   very fairly submits that he would be withdrawing this

                   application with a liberty to raise all the points available to him

                   and also the grounds pleaded in this application at the

                   appropriate stage.
           Patna High Court CR. MISC. No.43969 of 2024(2) dt.31-03-2026
                                                       2/2




                                  2. Prayer is allowed.

                                  3. Accordingly, this application is disposed of as

                     withdrawn with the liberty aforesaid.

                                  4. It is made clear that this Court has not expressed

                     any opinion on the merits of this case.



                                                (Praveen Kumar, J)
shivam/-

U      T


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