Created by Fuzzy Cloud

Patna High Court

AJAY YADAV @ AJAY KUMAR YADAV @ AJAY KUMARversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application is dismissed as withdrawn because the petitioners have requested its withdrawal.

Summary

The petitioners filed an application before the Patna High Court seeking relief in a criminal miscellaneous proceeding (Cr. Misc. No.67070 of 2021). During the hearing, the petitioners informed the court that the trial had progressed to an advanced stage with four prosecution witnesses already examined. They subsequently requested that the application be withdrawn. The court, after hearing counsel, accepted the request and dismissed the application as withdrawn. The court also noted that the petitioners remain free to raise any issues raised in the application before the trial court at the appropriate stage.

Issues considered

  • Whether the petitioners' application can be withdrawn and dismissed at this stage of the trial

Subjects

  • criminal procedure
  • withdrawal of application
  • trial stage
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67070 of 2021
                    Arising Out of PS. Case No.-130 Year-2019 Thana- GWALPARA District- Madhepura
                 ======================================================
           1.     Ajay Yadav @ Ajay Kumar Yadav @ Ajay Kumar Son Of Upendra Prasad
                  Yadav Resident Of Village - Khokhsi Sharanpur @ Ramganj, P.S.-
                  Gwalpara, District - Madhepura.
           2.    Deepak Kumar Bhagat Son Of Maheshwar Bhagat @ Mahesh Bhagat
                 Resident Of Village - Khokhsi Sharanpur @ Ramganj, P.S.- Gwalpara,
                 District - Madhepura.
           3.    Mantu Kumar Yadav Son Of Late Yogendra Yadav Resident Of Village -
                 Khokhsi Sharanpur @ Ramganj, P.S.- Gwalpara, District - Madhepura.
           4.    Ajay Yadav @ Ajay Kumar Yadav Son Of Banti Lal Yadav @ Banti Yadav
                 Resident Of Village - Khokhsi Sharanpur @ Ramganj, P.S.- Gwalpara,
                 District - Madhepura.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Chandan Bhagat Son of Late Udaharan Bhagat Resident of Village -
                 Khokhsi Sharanpur @ Ramganj, P.S.- Gwalpara, District - Madhepura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sharda Nand Mishra, Advocate
                                          :      Ms. Isha Mishra, Advocate
                 For the State            :      Md. Aslam Ansari, APP
                 For the O.P. No.2        :      Mr. Pawan Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   06-01-2026                       Heard learned counsel for the petitioners, learned

                   APP for the State and learned counsel for the opposite party

                   no.2.

                                 2. After some arguments, learned counsel appearing

                   for the petitioners prays for withdrawal of the present

                   application in view of the fact that the trial has reached at an

                   advance stage with four prosecution witnesses already having
              Patna High Court CR. MISC. No.67070 of 2021(5) dt.06-01-2026
                                                          2/2




                        been examined.

                                     3. In such view of the matter, this application is

                        dismissed as withdrawn.

                                     4. However, the petitioners are always at liberty to

                        raise all issues which have been raised in the present application

                        before the Trial Court at the appropriate stage.



                                                  (Soni Shrivastava, J)
anand/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.