Patna High Court

RAJA KUMARversusTHE STATE OF BIHAR

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

Holding

The Court granted permission to withdraw the application and dismissed it without addressing the merits.

Summary

The petitioner, Raja Kumar, filed an application in the High Court seeking permission to withdraw the same, citing that the passage of time had rendered it infructuous. The petitioner requested liberty to raise all points at the appropriate stage of the trial. The Court, after hearing counsel, granted permission to withdraw the application and clarified that it was not expressing any opinion on the merits of the underlying case. Consequently, the application was dismissed as withdrawn. No substantive merits of the criminal matter were addressed.

Issues considered

Whether the Court may grant permission to withdraw an application pending before it
Whether the petitioner is entitled to liberty to raise points at a later stage of trial after withdrawal

Subjects

withdrawal of application
procedural order
criminal miscellaneous
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7491 of 2024
                    Arising Out of PS. Case No.-19 Year-2023 Thana- MAHILA P.S District- West Champaran
                   ======================================================
                   Raja Kumar S/O Sri Surendra Prasad R/O Village- Tarapur Banuchhapar, P.S-
                   Bettiah Muffasil (BANUCHHAPAR O.P), Distt.- West Champaran.
                                                                           ... ... Petitioner/S
                                                    Versus
              1.    The State of Bihar
              2.    Chhoti Kumari D/O Sri Brij Kishore Patel R/O Mohalla- Baswariya, Barhai
                    Tola, Ward No. 21, P.S- Bettiah Town, Distt.- West Champaran.
                                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Sagar Kumar, Advocate
                   For the Opposite Party/s :       Mr. Rina Sinha, 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 points at the appropriate

                     stage of trial, as by the flux of time this application has become

                     infructuous.

                                  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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