Patna High Court

Uttam Kumar @ Uttam Kumar BhartiversusThe State of Bihar

Decided: 3 April 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The application is disposed of as withdrawn.

Summary

The petitioner, Uttam Kumar, filed an application seeking to raise all points, including a ground raised at the time of framing of charge, in a criminal miscellaneous case. The petitioner’s counsel requested permission to withdraw the application so that the points could be raised later. The learned court considered the request and granted permission for withdrawal. The court disposed of the application as withdrawn, expressly stating that it has not expressed any opinion on the merits of the case. Consequently, the matter stands pending on the substantive issues without any adjudication on the withdrawn application.

Issues considered

Whether the court should permit the withdrawal of the petitioner's application seeking to raise points at the charge‑framing stage

Subjects

withdrawal of application
procedural order
criminal miscellaneous case
court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52070 of 2025
                       Arising Out of PS. Case No.-503 Year-2021 Thana- DANAPUR District- Patna
                 ======================================================
                 Uttam Kumar @ Uttam Kumar Bharti S/O Ashok Bharti @ Santosh Giri
                 Resident of R.P.S. More, Arya Samaj Mandir Road, S.K. Puram, Lane no. 21,
                 P.S- Danapur, District- Patna- 801503.
                                                                           ... ... Petitioner
                                                    Versus
           1.     The State of Bihar Bihar
           2.     Shiksha @ Shiksha Kumari D/O Late Ranjay Awashthi R/O R.P.S. More,
                  Arya Samaj Mandir Road, S.K. Puram, Lane No. 21, P.S- Danapur, Distt.-
                  Patna- 801503.
                                                                  ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeev Kumar
                 For the Opposite Party/s :       Mr.Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   03-04-2026                       Learned counsel for the petitioner, at the very

                   outset, prays for withdrawal of this application so as to raise all

                   the points available to him including the ground raised in this

                   application at the time of framing of charge.

                                2. Permission is granted.
                                3. 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 the case.



                                              (Praveen Kumar, J)
Pawan/-

U     T

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