Patna High Court
AJAY YADAV @ AJAY KUMAR YADAV @ AJAY KUMARversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SONI SHRIVASTAVA
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The application is dismissed as withdrawn because the petitioners have requested its withdrawal.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 They subsequently requested that the application be withdrawn. The court, after hearing counsel, accepted the request and dismissed the application as withdrawn.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- Whether the petitioners' application can be withdrawn and dismissed at this stage of the trial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
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