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Patna High Court

Ramsagar RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner may withdraw the application with liberty to raise all points later.

Summary

The petitioner, Ramsagar Rai, filed an application seeking the Court's permission to withdraw the pending application while retaining the liberty to raise all points and grounds later at the charge framing stage. The petitioner requested that the Court allow this withdrawal. The Court considered whether such a withdrawal could be permitted without prejudice to the petitioner’s right to raise arguments later. The Court allowed the prayer, granting the petitioner permission to withdraw the application with the specified liberty. Consequently, the application was disposed of as withdrawn, and the Court expressly stated that it had not expressed any opinion on the merits of the case.

Issues considered

  • Whether the petitioner may be permitted to withdraw the application and retain liberty to raise all points and grounds at a later stage

Subjects

  • withdrawal of application
  • procedural law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56339 of 2025
                     Arising Out of PS. Case No.-278 Year-2024 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Ramsagar Rai S/O Late Nabalak Rai R/O Village- Nagargawan, PS-
                 Raghopur, district- vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Premshila Devi W/O Chanarika Ray R/O Village- Nagargawan, PS-
                 Raghopur, district- vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pintu Kumar Patel
                 For the Opposite Party/s :       Mr.Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   09-04-2026                  At the very outset, learned counsel for the petitioner

                   seeks permission to withdraw this application with liberty to

                   raise all the points available to him and also the grounds pleaded

                   in this application at the time of framing of charge.

                                2. Prayer is allowed.

                                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 this case.



                                              (Praveen Kumar, J)
shivam/-
U      T


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