Patna High Court

KAPLESHWAR RAI @ KAPILESHWAR RAIversusTHE STATE OF BIHAR

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

Holding

The application is dismissed as withdrawn, with liberty granted to the petitioner to raise all points at the time of charge framing.

Summary

The petitioner, Kapleshwar Rai, filed an application before the Patna High Court seeking liberty to raise all points at the time of framing of charge. The petitioner’s counsel requested permission to withdraw the application while retaining the right to raise those points later. The Court considered the request and granted permission for the withdrawal. It ordered that the present application be dismissed as withdrawn, expressly noting that no opinion on the merits was expressed. The judgment clarified that the petitioner remains free to raise all substantive points when the charge is framed. No substantive issues of law or fact were adjudicated.

Issues considered

Whether the petitioner may withdraw the application without prejudice
Whether the petitioner can be granted liberty to raise all points at the time of framing of charge

Subjects

Criminal Procedure Code
withdrawal of application
charge framing
procedural law

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7762 of 2024
                        Arising Out of PS. Case No.-29 Year-2022 Thana- BALIGAON District- Vaishali
                   ======================================================
                   Kapleshwar Rai @ Kapileshwar Rai S/O Nanki Ray R/O Village- Akhtiyarpur
                   Doghara, P.S- Baligaon, Distt.- Vaishali (BIHAR).
                                                                         ... ... Petitioner/S
                                                       Versus
             1.     The State of Bihar
             2.     Ramchandra Rai S/O Late Chauturi Rai R/O Village- Akhtiyarpur Doghara,
                    P.S- Baligaon, Distt.- Vaishali(Bihar).
                                                                      ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr. Ramakant Singh, Advocate
                   For the Opposite Party/s :       Mr. Binod Kumar, 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 time of

                     framing of charge.

                                  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/-

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