Patna High Court
Amresh KumarversusThe State Of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The application is dismissed as withdrawn and the interim protection orders are vacated.
Summary
The petitioners, Amresh Kumar and Anil Kumar, filed applications seeking interim protection in criminal miscellaneous proceedings before the Patna High Court. Both petitioners, through their counsel, later sought to withdraw these applications, requesting liberty to raise their grounds at a later stage. The Court allowed the withdrawal and directed that any future applications be considered by the lower court with reference to the Supreme Court judgment in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577. Consequently, the interim protection orders dated 21-12-2023 and 18-07-2024 were vacated. The High Court ordered that a copy of this order be sent to the Principal District and Sessions Judge, Vaishali for compliance.
Issues considered
- Whether the petitioners may withdraw their applications for interim protection
- Effect of withdrawal on the previously granted interim protection orders
- Procedural direction for any future applications in light of the Supreme Court precedent
Subjects
- interim protection
- withdrawal of application
- criminal miscellaneous proceedings
- Supreme Court precedent
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5656 of 2019
Arising Out of PS. Case No.-16 Year-2014 Thana- SARAI District- Vaishali
======================================================
Amresh Kumar Son of Late Ram Shrikh Singh Resident of Village- Laxmipur
Bakhari.
... ... Petitioner/s
Versus
The State Of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3292 of 2018
Arising Out of PS. Case No.-16 Year-2014 Thana- SARAI District- Vaishali
======================================================
Anil Kumar S/o Late Ram Das Prasad, R/o Mohalla- South Mandiri, Kathpul
Mahavir Asthan, P.S.- Budha Colony, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 5656 of 2019)
For the Petitioner/s : Mr.Rajeev Ranjan
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
(In CRIMINAL MISCELLANEOUS No. 3292 of 2018)
For the Petitioner/s : Mr.Sanjeeb Kumar Sanju
For the Opposite Party/s : Mr.Sri Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard the parties including the learned APP for the
State Mr. Jharkhandi Upadhyay.
2. After some arguments, learned counsels for the
petitioner of both the aforesaid cases prays for and are permitted
to withdraw this application with a liberty to the petitioner of
both the aforesaid cases to raise all the grounds at an appropriate
Patna High Court CR. MISC. No.5656 of 2019(4) dt.20-01-2026
2/2
stage.
3. If any application is filed by the petitioners, raising
the grounds then the Court below will consider the same and
will pass a reasoned order 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.
4. Accordingly, this application is dismissed as
withdrawn and the interim protection granted to the petitioners
vide order dated 21.12.2023 and 18.07.2024 are hereby vacated
and the concerned Court below is directed to proceed in this
case.
5. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Vaishali through FAX for
its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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