Patna High Court
Santosh Kumar @ Santosh Kumar DasversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PRAVEEN KUMAR
Holding
The application is dismissed as withdrawn, with liberty to raise points at the appropriate stage of trial.
Summary
Santosh Kumar filed an application before the Patna High Court seeking permission to withdraw it after charges were framed in the underlying criminal case. He requested to raise all points and grounds at the appropriate stage of the trial. The court allowed the prayer, dismissed the application as withdrawn, and expressly stated that it was not expressing any opinion on the merits of the case. The order was pronounced by Justice Praveen Kumar on 23‑04‑2026. No substantive merits were addressed.
Issues considered
- Whether an application can be withdrawn after charges have been framed in a criminal case
- Whether the court may permit the petitioner to raise all points at a later stage of trial
Subjects
- Criminal Procedure Code
- withdrawal of application
- charges framed
- procedural law
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76071 of 2024
Arising Out of PS. Case No.-390 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Santosh Kumar @ Santosh Kumar Das S/O Manohar Das Resident of Village-
Naya Tola Mirja Chauki, P.S- Mirja Chauki, Distt.- Sahebganj (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Kumari W/O Santosh Kumar, D/O Vinod Das R/O Village- Naya
Tola Mirja Chauki, P.S- Mirja Chauki, Distt.- Sahebganj (Jharkhand)
presently residing at Mahavir Chowk Hathidah, P.S- Hathidah, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey, Adv
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. At the very outset, learned counsel for the petitioner
seeks permission to withdraw this application as during the
pendency of this case charges came to be framed and further
prays to raise all the points available to him and also the
grounds pleaded in this application at the appropriate stage of
the trial.
3. Prayer is allowed.
4. Accordingly, this application is dismissed as
withdrawn with the liberty aforesaid.
5. It is made clear that this Court has not expressed
Patna High Court CR. MISC. No.76071 of 2024(2) dt.23-04-2026
2/2
my opinion on the merits of this case.
(Praveen Kumar, J)
niku/-
U T
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