Patna High Court

RAJESH KUMAR SINGH @ RAJESH SINGHversusThe State of Bihar

Decided: 3 February 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The court allowed the petitioner to withdraw the case with liberty to raise his arguments at the charge‑framing stage.

Summary

Petitioner Rajesh Kumar Singh filed a criminal miscellaneous petition against the State of Bihar and Bhanu Pratap Singh. He sought to withdraw the pending proceedings so that he could present his arguments at the appropriate stage of charge framing by filing a discharge application. The learned counsel for the petitioner made this request before the Hon'ble Justice Smt. Soni Shrivastava. The court considered whether such a withdrawal was permissible. It held that the petitioner could withdraw the case and was granted liberty to raise his arguments when the charge is framed. Consequently, the petition was withdrawn with the liberty to file a discharge application at the charge‑framing stage.

Issues considered

Whether the petitioner may withdraw a criminal miscellaneous proceeding to raise his arguments at the charge‑framing stage?

Subjects

Criminal Procedure Code
withdrawal of case
discharge application
charge framing
petition withdrawal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.64721 of 2022
                        Arising Out of PS. Case No.-222 Year-2021 Thana- PIPRAHI District- Sheohar
                  ======================================================
                  Rajesh Kumar Singh @ Rajesh Singh S/o Lalbabu Singh R/o Village-
                  Singahi, P.S.- Piprahi, Distt- Sheohar.

                                                                                     ... ... Petitioner/s
                                                         Versus
             1.   The State of Bihar
             2.   Bhanu Pratap Singh S/o Late Shayam Babu Singh R/o Village- Singahi, P.S.-
                  Piprahi, Distt- Sheohar.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Ashhar Mustafa, Advocate
                  For the Opposite Party/s :        Mr .Rajendra Singh, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    03-02-2026                    Heard Mr. Ashhar Mustafa, the learned counsel for the

                    petitioner and Mr. Rajendra Singh, the learned A.P.P. for the State.

                                 2. After some arguments, the learned counsel for the

                    petitioner seeks to withdraw the present case in order to raise all his

                    arguments at the appropriate stage of framing of charge by way of

                    filing a discharge application.

                                 3. In such view of the matter, the present case is

                    withdrawn with liberty to the petitioner to raise his arguments at the

                    stage of charge.



                                               (Soni Shrivastava, J)
vashudha/-

U      T

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