Patna High Court

Kishor Kumar DasversusThe State Of Bihar

Decided: 6 February 2026
Disposal: DISPOSED
Bench: SHAILENDRA SINGH

Holding

The petition is disposed of as withdrawn, with liberty granted to the petitioner to raise all grounds before the trial court at the final hearing.

Summary

The petitioner, Kishor Kumar Das, filed a criminal miscellaneous petition in the Patna High Court seeking permission to withdraw his application while retaining the liberty to raise all grounds before the trial court at the final hearing. The petitioner argued that the trial had been unduly delayed since 2014 and that none of the nine prosecution witnesses had appeared as of May 24, 2025. The learned counsel for the petitioner requested the court's indulgence to withdraw the petition and to be allowed to present his arguments later. Justice Shailendra Singh considered the submission and the status report indicating the trial's delay. The court disposed of the petition as withdrawn, granting the petitioner the requested liberty, and directed the trial court to expedite the trial and dispose of the case promptly. No substantive legal issues on merits were decided, and the order primarily addressed procedural aspects of withdrawal and case management.

Issues considered

Whether the petitioner may be permitted to withdraw his criminal miscellaneous petition while retaining the right to raise all grounds before the trial court at the final hearing

Subjects

Criminal Procedure Code
withdrawal of petition
trial delay
case management
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44872 of 2016
                     Arising Out of PS. Case No.-285 Year-2014 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Kishor Kumar Das, son of late Krishna Mohan Das, resident of Village-
                 Hundali, P.S. Pranpur, District Katihar.             ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Prasad, Adv.
                 For the Opposite Party/s :       Mr. Mukeshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

6   06-02-2026                    After some argument, learned counsel appearing for

                   the petitioner seeks permission to withdraw this application with

                   liberty to raise all the grounds taken by him in this application

                   before the trial court at the time of final hearing.

                                2. Considering the aforesaid submission and prayer,

                   the instant criminal miscellaneous petition stands disposed of as

                   being withdrawn with giving the petitioner the aforesaid liberty

                   and the learned trial court is directed to expedite the trial of the

                   petitioner and dispose of the same as early as possible keeping

                   in view that the petitioner’s case has been pending since 2014

                   and out of nine prosecution witnesses, no prosecution witness

                   has turned up till 24.05.2025, as mentioned in the status report

                   sent by the trial court.


                                                    (Shailendra Singh, J)
annu/-
U      T

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