Patna High Court

Sikandar Dubey @ Sikandar DiwvediversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The Court dismissed the application as withdrawn, granting the petitioner liberty to raise his grounds at a later stage.

Summary

The petitioner, Sikandar Dubey, filed an application in a criminal miscellaneous proceeding. The petitioner’s counsel sought the Court’s permission to withdraw the application while retaining the liberty to raise all grounds at a later stage of the trial. The Court considered the request and granted permission for the withdrawal. Consequently, the application was dismissed as withdrawn, with the petitioner free to raise his grounds later. The Court expressly clarified that it did not express any opinion on the merits of the underlying case.

Issues considered

Whether the petitioner may be permitted to withdraw the application at this stage of the proceedings?

Subjects

withdrawal of application
procedural law
criminal miscellaneous proceedings
court discretion
no merits decided

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.572 of 2025
                     Arising Out of PS. Case No.-61 Year-2012 Thana- DHAKA District- East Champaran
                  ======================================================
                  Sikandar Dubey @ Sikandar Diwvedi S/o- Late Umesh Dubey Vill-Kaswa,
                  P.S-Dhaka, Dist-West Champaran
                                                                     ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.     Vikash Kumar Dubey S/o- Sri Devendra Dubey Village- Barharwas Lakhan
                   Sen Ps- Dhaka Dist- East Champaran
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Binay Kumar, Advocate
                  For the Opposite Party/s :       Mr. Ahmad Ali, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    13-03-2026                  Heard the parties.

                                 2. At the very outset, the learned counsel for

                    petitioner seeks permission to withdraw this application with

                    liberty to the petitioner to raise all the grounds at an appropriate

                    stage in the trial.

                                 3. Permission is accorded.

                                 4. Accordingly, the present application is dismissed as

                    withdrawn with the aforesaid liberty to the petitioner.

                                 5. It is clarified that this Court has not expressed any

                    opinion on the merits of the case.



                                               (Praveen Kumar, J)
Jyoti/-
U       T

Continue reading with your account

Checking your session…