Patna High Court

WasikversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The High Court may grant permission to withdraw an application and dismiss it as withdrawn, without expressing any opinion on the merits.

Summary

The petitioners, Wasik and Md. Chalu, filed an application before the Patna High Court seeking permission to withdraw that application and to raise all points at the time of framing of charge. The learned counsel for the petitioners requested the court’s liberty to withdraw, while the State opposed. The court considered whether it could grant such permission without prejudice to the merits. Justice Praveen Kumar allowed the prayer, directing that the application be dismissed as withdrawn. The judgment expressly noted that the court did not express any opinion on the merits of the underlying criminal case.

Issues considered

Whether the High Court can grant permission to withdraw an application and dismiss it as withdrawn without addressing the merits of the case.

Subjects

criminal procedure
withdrawal of application
charge framing
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.640 of 2025
                       Arising Out of PS. Case No.-274 Year-2023 Thana- RANIGANJ District- Araria
                 ======================================================
           1.     Wasik S/O Md. Sarfuddin R/O Ward No.-4, Parmandpur, P.S- Raniganj,
                  Distt.- Araria.
           2.     Md. Chalu S/O Md. Mojin R/O Ward No.-4, Parmandpur, P.S- Raniganj,
                  Distt.- Araria.
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjeet Choubey
                 For the Opposite Party/s :        Mr.Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. At the very outset, learned counsel for the

                   petitioners seeks permission to withdraw this application with

                   liberty to raise all the points at the time of framing of charge.

                                3. Prayer is allowed.

                                4. Accordingly, this application is dismissed as

                   withdrawn.

                                5. It is made clear that this Court has not expressed

                   any opinion on the merits of this case.



                                              (Praveen Kumar, J)
shivam/-
U      T

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