Patna High Court
Bhim Yadav @ Bhim Kumar Yadav and AnrversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SHAILENDRA SINGH
Holding
The application is withdrawn, granting the petitioners liberty to raise all grounds before the trial court.
Summary
The petitioners, Bhim Yadav and Arjun Yadav, filed a criminal miscellaneous application (No. 61213 of 2017) arising from a police case in Khagaria, Bihar, seeking relief against the State. They later moved before the Patna High Court requesting permission to withdraw the application while retaining the liberty to raise all grounds before the trial court at the final hearing. The learned counsel for the petitioners sought this withdrawal, and the State’s counsel opposed. Justice Shailendra Singh allowed the withdrawal, directing that the petitioners may present their grounds before the trial court, which must decide the matter within three months of receiving the order. The order effectively disposes of the pending application, leaving the substantive issues for determination by the trial court.
Issues considered
- Whether a criminal miscellaneous application can be withdrawn with liberty to raise the same grounds before the trial court at a later stage
Subjects
- withdrawal of application
- criminal miscellaneous petition
- procedural law
- trial court jurisdiction
- liberty to raise grounds
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61213 of 2017
Arising Out of PS. Case No.-43 Year-2015 Thana- MANSI District- Khagaria
======================================================
1. Bhim Yadav @ Bhim Kumar Yadav
2. Arjun Yadav @ Arjun @ Kumar Nirala @ Arjun Kumar Nirala. Both Sons
of Late Chhatrapati Yadav @ Chhatri Yadav @ Chhatri Gope, Both resident
of Village- Chukti, P.S.- Mansi, District- Khagaria.
... ... Petitioner/s
Versus
1. State of Bihar
2. Ram Uday Tiwary, the Officer In-Charge of Mansi Police Station, District-
Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Adv.
For the Opposite Party/s : Ms. Reena Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 02-02-2026 Mr. Mahendra Thakur, learned counsel for the
petitioners and Ms. Reena Sinha, learned APP for the State, are
present.
2. After some argument, learned counsel for the
petitioners seeks permission to withdraw this application with a
liberty to raise all the grounds taken by the petitioners in this
application before the trial court at the time of final hearing.
3. In the light of the aforesaid prayer, the instant criminal
petition stands disposed of as being withdrawn with giving the
petitioners the aforesaid liberty to raise all the grounds taken by
them in this application before the trial court, which will be looked
by the trial court in the light of the evidences adduced by the
Patna High Court CR. MISC. No.61213 of 2017(3) dt.02-02-2026
2/2
parties.
4. The trial court is directed to decide the petitioners’
case at the earliest preferably within three months from the date of
receipt of a copy of this Court’s order.
(Shailendra Singh, J)
annu/-
U T
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