Patna High Court

Vikash Kumar SinghversusState Of Bihar and Anr

Decided: 27 January 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The application was dismissed as withdrawn, with liberty granted to raise the grounds later.

Summary

Vikash Kumar Singh filed an application in the Patna High Court in a criminal miscellaneous matter against the State of Bihar and Keshav Kumar Jha. During the hearing on 27-01-2026, the petitioner’s counsel sought to withdraw the application, requesting liberty to raise all grounds at a later stage. The court allowed the withdrawal, directing that any future application on the petitioner’s behalf be considered by the lower court with a reasoned order, referencing the Supreme Court’s decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. Consequently, the application was dismissed as withdrawn, with liberty granted to raise the grounds later. No substantive merits of the original application were decided.

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 liberty
criminal miscellaneous
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.55 of 2019
                   Arising Out of PS. Case No.-101 Year-2013 Thana- PATNA COMPLAINT CASE District-
                                                           Patna
                  ======================================================
                  Vikash Kumar Singh son of Umeshwar Prasad Singh, Resident of silavrat,
                  North S.K Puri, Boring road, PS- S.K. Puri, P.O -GPO, District- Patna.
                                                                             ... ... Petitioner/s
                                                     Versus
            1.     State Of Bihar and Anr
            2.     Keshav Kumar Jha son of Dhirendra Jha, resident of "Maya Niwas",
                   Mohalla - Ashok Nagar, Road No. 09, Kankarbagh, P.S- Kankarbagh,
                   District- Patna.
                                                                 ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Shyameshwar Kumar Singh
                  For the Opposite Party/s :      Mr.Sri Jharkhandi Upadhyay
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    27-01-2026                    Heard the parties.

                                 2. After some arguments, learned counsel for the

                    petitioner prays for and is permitted to withdraw this application

                    with liberty to raise all the grounds at an appropriate stage. It is

                    made clear that if any application is filed on behalf of the

                    petitioner raising his grounds then the same shall be considered

                    by the 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 with the aforesaid liberty.


                                                           (Sandeep Kumar, J)
Vikas/-
U

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