Patna High Court

Amit KumarversusThe State Of Bihar

Decided: 13 February 2026
Disposal: WITHDRAWN
Bench: SHAILENDRA SINGH

Holding

The court granted permission to withdraw the application with liberty to raise the grounds later.

Summary

The petitioner, Amit Kumar, filed an application in a criminal miscellaneous proceeding before the Patna High Court. He sought the court’s permission to withdraw the application while retaining the right to raise all the grounds he had taken before the trial court at the appropriate stage and at the time of final hearing. The learned counsel for the petitioner made this request before Justice Shailendra Singh. The court considered whether such a withdrawal with a liberty to re‑assert the grounds is permissible. It held that the petitioner may be allowed to withdraw the application subject to the liberty sought. Accordingly, the application was disposed of as withdrawn.

Issues considered

Whether the petitioner can be permitted to withdraw the application while retaining the liberty to raise all grounds before the trial court at a later stage

Subjects

criminal procedure
withdrawal of application
high court
liberty to raise grounds
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52603 of 2016
                     Arising Out of PS. Case No.-259 Year-2014 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Amit Kumar Son of Sri Navin Kumar Yadav, resident of Village-
                 Chharrapatti, P.S. Sahebpur Kamal, Distt- Begusarai.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manoj Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Ramchandra Sahani, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

7   13-02-2026                      After some argument, learned counsel for the

                   petitioner seeks permission to withdraw this application with a

                   liberty to raise all the grounds taken by the petitioner in this

                   application before the trial court at the appropriate stage and at

                   the time of final hearing.

                                2. Permission as sought above is granted with giving

                   the petitioner the aforesaid liberty. Accordingly, the instant

                   application stands disposed of as withdrawn.



                                              (Shailendra Singh, J)
BKS/-

U       T

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