Patna High Court

Rintu khan @ Tintu khan @ Minhaj AhmedversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court permitted the withdrawal and disposed of the application as withdrawn.

Summary

The petitioner, Rintu Khan (also known as Tintu Khan and Minhaj Ahmed), filed an application in the Patna High Court seeking to withdraw the pending criminal miscellaneous application so that he could raise all points, including those related to the framing of charge, at the appropriate stage. The State of Bihar and Khusboo Khatoon were opposite parties. The petitioner’s counsel, Mr. Mazharul Hassan, requested permission to withdraw the application. Justice Praveen Kumar granted the permission, ordering that the application be treated as withdrawn. The court expressly clarified that it did not express any opinion on the merits of the underlying criminal case. Consequently, the application was disposed of as withdrawn.

Issues considered

Whether the court may permit the petitioner to withdraw the pending application and dispose of it without adjudicating the merits?

Subjects

withdrawal of application
criminal procedure
charge framing
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57250 of 2025
                       Arising Out of PS. Case No.-2 Year-2019 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Rintu khan @ Tintu khan @ Minhaj Ahmed Son of Seraj Khan @ Seraj
                 Ahmad R/o Village - Hariharganj, Ward no. 12, P.S. - Nasriganj, Dist. -
                 Rohtas.
                                                                        ... ... Petitioner
                                                Versus
           1.     The State of Bihar
           2.     Khusboo Khatoon D/o Md. Akhtar Kuraisi R/o VIllage - Hariharganj, Ward
                  no. 12, P.S. - Nasriganj, Dist. - Rohtas.
                                                                   ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mazharul Hassan
                 For the Opposite Party/s :       Mr.Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-03-2026                    Learned counsel for the petitioner, at the very outset,

                   prays for withdrawal of this application so as to raise all the

                   points available to him including the ground raised in this

                   application at the time of framing of charge.

                                2. Permission is granted.
                                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 the case.



                                              (Praveen Kumar, J)
Pawan/-

U     T

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