Patna High Court

Sonali KumariversusThe State of Bihar

Decided: 24 March 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The Court permitted the withdrawal of the application and disposed of it as withdrawn, without expressing any view on the merits.

Summary

The petitioners, a group of relatives from Khalpura village, filed an application in the Patna High Court in a criminal miscellaneous case. They sought the Court's permission to withdraw the application while reserving the right to raise all grounds later in the trial. The learned counsel for the petitioners, Mr. Hemant Kumar, requested this liberty. The Court, after hearing the parties on 24-03-2026, granted the request and ordered the application to be disposed of as withdrawn. It was expressly clarified that the Court did not express any opinion on the merits of the underlying case. Consequently, the petitioners may now raise their substantive grounds at a later stage in the proceedings.

Issues considered

Whether the Court may permit the petitioners to withdraw the present application with liberty to raise all grounds later in the trial

Subjects

withdrawal of application
procedural order
criminal miscellaneous
court liberty
trial procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.64044 of 2025
                   Arising Out of PS. Case No.-940 Year-2023 Thana- CHAPRA MUFFASIL District- Saran
                  ======================================================
            1.     Sonali Kumari D/O Raju Kumar Singh R/O village - Khalpura, P.S. -
                   Muffasil, District - Saran
            2.    Suraj Kumar S/O Raju Kumar Singh R/O village - Khalpura, P.S. - Muffasil,
                  District - Saran
            3.    Renu Kunwar W/O Late Yugeshwar Singh R/O village - Khalpura, P.S. -
                  Muffasil, District - Saran
            4.     Guriya Devi W/O Raju Kumar Singh R/O village - Khalpura, P.S. -
                   Muffasil, District - Saran
                                                                     ... ... Petitioner/s
                                              Versus
                  The State of Bihar                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Hemant Kumar, Advocate
                  For the Opposite Party/s :      Md. Ataur Rahman, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    24-03-2026                    Heard the parties.

                                 2. At the very outset, the learned counsel for

                    petitioners seeks permission to withdraw this application with

                    liberty to the petitioners to raise all the grounds at an

                    appropriate stage in the trial.

                                 3. Permission is accorded.

                                 4. Accordingly, the present application is disposed of

                    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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