Patna High Court

Gautam Das @ Gautam KumarversusThe State of Bihar

Decided: 10 April 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The application to withdraw was allowed, with liberty to raise points later.

Summary

The petitioners Gautam Das and Dinesk Das filed a criminal miscellaneous application in the Patna High Court arising from a 2018 police case in Jamui. They sought permission to withdraw the application while retaining the liberty to raise all points at a later stage. The State of Bihar, represented by counsel, opposed the withdrawal. Justice Praveen Kumar considered the request and, without expressing any view on the merits of the underlying criminal case, allowed the petitioners to withdraw the application. The court disposed of the application, granting the petitioners liberty to raise their arguments in the appropriate proceeding later. No substantive issues on the merits were addressed.

Issues considered

Whether the petitioners may be permitted to withdraw the application with liberty to raise all points at a later stage

Subjects

procedural law
withdrawal of application
criminal miscellaneous proceedings
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.75696 of 2025
                           Arising Out of PS. Case No.-33 Year-2018 Thana- SONO District- Jamui
                  ======================================================
            1.    Gautam Das @ Gautam Kumar S/o Sri Chandan Das R/o Village - Jawatari, P.S -
                  Barhat, District - Jamui
            2.    Dinesh Das @ Dinesh Kumar S/o Tota Ravidas R/o Village - Barabandh, P.S -
                  Khaira, District - Jamui
                                                                                     ... ... Petitioner/s
                                                         Versus

            1.    The State of Bihar
            2.    Pancha Devi W/o Ganesh Das R/o Village -Balthar, P.S - Sono, District - Jamui
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Dhanendra Chaubey
                  For the Opposite Party/s :        Mr. Nand Kishore Prasad
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    10-04-2026                  Heard learned counsel for the petitioners and learned

                    APP for the State.

                                 2. At the very outset, learned counsel for the petitioner

                    seeks permission to withdraw this application with liberty to raise

                    all the points at the appropriate stage.

                                 3. Prayer is allowed.

                                 4. Accordingly, this application is disposed of with the

                    aforesaid liberty.

                                 5. It is clarified that this Court has not expressed any

                    opinion on the merits of this case.


                                               (Praveen Kumar, J)
khushbu/-
U      T

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