Patna High Court

TARKESHWAR TIWARI @ CHHOTE TIWARIversusThe State of Bihar

Decided: 3 February 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The application is dismissed as withdrawn.

Summary

The petitioner, Tarkeshwar Tiwari, filed an application in a criminal miscellaneous case and later sought to withdraw it, requesting liberty to raise all grounds at a later stage. The court allowed the withdrawal of the application, directing that any future application be considered by the lower court with reference to the Supreme Court decision in Kanchan Kumar v. State of Bihar. The court dismissed the present application as withdrawn. No substantive merits of the original application were addressed. The order was pronounced by Justice Sandeep Kumar.

Issues considered

Whether the petitioner may withdraw the application and be granted liberty to raise all grounds at a later stage

Subjects

withdrawal of application
procedural law
criminal miscellaneous
Supreme Court precedent

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.47532 of 2021
                   Arising Out of PS. Case No.-1624 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C
                                                 District- Kaimur (Bhabua)
                  ======================================================
                  TARKESHWAR TIWARI @ CHHOTE TIWARI Son of Krishna Kumar
                  Tiwari Resident of Village - Parasiya, P.S.- Bhabua, District - Kaimur at
                  Bhabhua.
                                                                           ... ... Petitioner/s
                                                   Versus
            1.     The State of Bihar Bihar
            2.     Nirmala Devi Wife of Tarkeshwar Tiwari Resident of Village - Parsiya, P.S.-
                   Bhabhua, District - Kaimur, At present Village - Parsottampur, P.S.-
                   Chainpur, District - Kaimur at (Bhabua).
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr.Pawan Kumar Singh
                  For the Opposite Party/s :    Mr.Rajesh Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    03-02-2026                    Heard the parties.

                                 2. After some arguments, learned counsel for the

                    petitioner, prays for and is permitted to withdraw this

                    application with liberty to the petitioner to raise all the grounds

                    at an appropriate stage. If such an application is filed then the

                    same shall be considered by the concerned Court below and a

                    reasoned order shall be passed in light of the judgment of the

                    Hon’ble Supreme Court in the case of Kanchan Kumar Vs.

                    State of Bihar reported in (2022) 9 SCC 577.

                                 3. Accordingly, this application is dismissed as

                    withdrawn.


                                                          (Sandeep Kumar, J)
Vikas/-
U

Continue reading with your account

Checking your session…