Patna High Court
AJAY KUMAR @ AJAY SINGH @ RAVIKANTversusTHE STATE OF BIHAR
- Decided
- Disposal
- WITHDRAWN
- Bench
- PRAVEEN KUMAR
Holding
The Court permitted the withdrawal of the application and dismissed it as withdrawn.
Summary
The petitioners, Ajay Kumar and co‑accused, filed an application before the Patna High Court seeking permission to withdraw it, citing that charges had been framed against them. They further requested that they be allowed to raise all points and grounds later at the appropriate stage of the trial. The learned counsel for the State opposed the withdrawal. The Court considered the petitioner's request and, without expressing any view on the merits of the underlying criminal case, allowed the prayer. Consequently, the application was dismissed as withdrawn, granting the petitioners liberty to raise their points later in the trial.
Issues considered
- Whether the petitioner may be permitted to withdraw the pending application during the trial
- Whether withdrawal of the application affects the petitioner's right to raise substantive points later
Subjects
- withdrawal of application
- criminal procedure
- court discretion
- pending trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59269 of 2024
Arising Out of PS. Case No.-665 Year-2013 Thana- NAWADA District- Nawada
======================================================
Ajay Kumar @ Ajay Singh @ Ravikant Son Of Srikant Singh @ Srikant
Sharma Resident Of Village - Dosut, P.S. - Warisaliganj, District - Nawada
... ... Petitioner/s
Versus
1. The State Of Bihar Bihar
2. Avinash Kumar Son Of Vindeshwari Prasad Resident Of New Area Modern
English School Ke Uttar Vipin Singh Ke Makan Me, P.S. - Nagar, District -
Nawada, At Present Resident Of Village - Bahera, P.S. - Warsaliganj, District
- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Davendra Kumar Pandey, Adv
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned APP for
the State.
2. At the very outset, learned counsel for the petitioner seeks
permission to withdraw this application as during the pendency of this case
charges came to be framed and further prays to raise all the points available
to him and also the grounds pleaded in this application at the appropriate
stage of the trial.
3. Prayer is allowed.
4. Accordingly, this application is dismissed as withdrawn with
the liberty aforesaid.
5. It is made clear that this Court has not expressed my opinion
on the merits of this case.
(Praveen Kumar, J)
niku/-
U T
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