Patna High Court

Mukesh Kumar @ Sager KumarversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The court permitted the petitioner to withdraw the application, dismissing it as withdrawn while granting liberty to raise the grounds later.

Summary

Mukesh Kumar filed an application in Criminal Miscellaneous No. 6593 of 2024 arising from PS case No. 337 of 2022. The petitioner sought permission to withdraw the application while retaining the liberty to raise all grounds at a later stage of the trial. The learned counsel for the petitioner requested this liberty and the court considered the request. Justice Praveen Kumar granted permission to withdraw the application and clarified that the court was not expressing any opinion on the merits. Consequently, the application was dismissed as withdrawn, with liberty to the petitioner to raise the grounds later.

Issues considered

Whether the petitioner may be permitted to withdraw the pending application with liberty to raise the grounds later in the trial

Subjects

criminal procedure
withdrawal of application
procedural liberty
trial stage

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.6593 of 2024
                    Arising Out of PS. Case No.-337 Year-2022 Thana- LAUKARIA District- West Champaran
                   ======================================================
                   Mukesh Kumar @ Sager Kumar S/o Indrashan Ram @ Igrasan Ram R/o Vill
                   - Parsa Mathiya, P.S. - Lauria, Dist. - West Champaran

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Arvind Kumar, Advocate
                   For the Opposite Party/s :       Mr. Dinesh Singh, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2     16-03-2026                  Heard the parties.

                                  2. At the very outset, the learned counsel for

                     petitioner seeks permission to withdraw this application with

                     liberty to the petitioner to raise all the grounds at an appropriate

                     stage in the trial.

                                  3. Permission is accorded.

                                  4. Accordingly, the present application is dismissed as

                     withdrawn with the aforesaid liberty to the petitioner.

                                  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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