Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: DISPOSED
Bench: SOURENDRA PANDEY

Holding

The court granted the petitioner liberty to raise points and submit documents and disposed of the application.

Summary

Nitish Kumar filed a criminal miscellaneous application before the Patna High Court against the State of Bihar. The petitioner sought liberty to raise all points and submit any documents available to him at the time of charge framing, requesting the trial court to consider these pleadings and documents before passing a reasoned order. Senior counsel for the petitioner argued that such liberty was necessary for a fair consideration of the case. The court, after hearing the arguments, granted the requested liberty and ordered that the trial court consider the additional material. Consequently, the application was disposed of by the court.

Issues considered

Whether the petitioner may be permitted to raise additional points and submit further documents at the stage of framing of charge?

Subjects

Criminal Procedure
Charge Framing
Application Disposal
Liberty to Raise Points
Reasoned Order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62809 of 2025
                     Arising Out of PS. Case No.-415 Year-2015 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Nitish Kumar S/O Late Prabhu Prasad Resident of Chhatauni Chowk, Sports
                 Club Road, P.S.- Chhatauni, Dist.- Motihari

                                                                                 ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Kaushal Kumar Jha, Sr. Adv.
                                                   Mr.Siddharth Aditya,Adv.
                 For the Opposite Party/s :        Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   30-01-2026                          After some arguments, learned Senior counsel

                   submits that he shall be raising all such points and documents

                   which is available to him at the time of framing of charge and

                   the learned trial court shall consider the pleadings as well as the

                   documents submitted by the petitioner and thereafter pass

                   reasoned order.

                                 2. With the aforesaid liberty, this application stands

                   disposed of.



                                               (Sourendra Pandey, J)
Gautam/-

U     T

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