Patna High Court
Barun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted permission to withdraw the application and allowed the petitioners to file a fresh application.
Summary
The petitioners, comprising Barun Kumar and his family members, filed a criminal miscellaneous application before the Patna High Court against the State of Bihar and Urmila Devi. They later approached the Court seeking permission to withdraw the pending application and to be allowed to file a fresh one due to changed circumstances. The learned counsel for the petitioners requested this liberty, and the Court considered the request. Justice Praveen Kumar granted the petitioners' request, allowing the withdrawal and the filing of a fresh application. The Court disposed of the present application as withdrawn, expressly stating that it did not express any opinion on the merits of the underlying case.
Issues considered
- Whether the Court may permit the withdrawal of a pending criminal miscellaneous application and grant liberty to file a fresh application on changed circumstances
Subjects
- withdrawal of application
- criminal miscellaneous proceedings
- procedural liberty
- fresh application
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60546 of 2024
Arising Out of PS. Case No.-82 Year-2021 Thana- CHANDI District- Nalanda
======================================================
1. Barun Kumar S/o Late Premi Azad R/o vill - Aarish Khandha, P.S. - Chandi,
Distt. - Nalanda, Bihar
2. Niru Kumar S/o Barun Kumar R/o vill - Aarish Khandha, P.S. - Chandi,
Distt. - Nalanda, Bihar
3. Babloo Kumar S/o Barun Kumar R/o vill - Aarish Khandha, P.S. - Chandi,
Distt. - Nalanda, Bihar
4. Bipin Kumar S/o Barun Kumar R/o vill - Aarish Khandha, P.S. - Chandi,
Distt. - Nalanda, Bihar
5. Dharmsheela Devi W/o Barun Kumar R/o vill - Aarish Khandha, P.S. -
Chandi, Distt. - Nalanda, Bihar
6. Pramila Devi W/o Sunil Kumar R/o vill - Aarish Khandha, P.S. - Chandi,
Distt. - Nalanda, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Urmila Devi W/o Late Karu Yadav R/o vill - Aarish Khandha, P.S. - Chandi,
Distt. - Nalanda, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashwani Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 24-03-2026 Heard the parties.
2. At the very outset, learned counsel for the
petitioners seeks permission to withdraw this application with
liberty to the petitioners to file a fresh application on the
changed circumstances.
3. Permission is accorded.
4. Accordingly, the present application is disposed of
Patna High Court CR. MISC. No.60546 of 2024(2) dt.24-03-2026
2/2
as withdrawn with the aforesaid liberty to the petitioners.
5. It is clarified that this Court has not expressed any
opinion on the merits of the case.
(Praveen Kumar, J)
Jyoti/-
U T
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