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Patna High Court

SUDAMA SINGHversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application is dismissed as withdrawn, with liberty granted to the petitioners to raise points at the time of framing of charge.

Summary

The petitioners filed an application in the Patna High Court seeking to raise all points at the time of framing of charge. Their counsel requested permission to withdraw the application while retaining the liberty to raise those points later. The Court granted the request, allowing the withdrawal of the application. Consequently, the application was dismissed as withdrawn. The Court clarified that it has not expressed any opinion on the merits of the underlying case.

Issues considered

  • Whether the petitioners may withdraw their application with liberty to raise points later

Subjects

  • withdrawal of application
  • procedural law
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7846 of 2024
                      Arising Out of PS. Case No.-90 Year-2019 Thana- NASRIGANJ District- Rohtas
                 ======================================================
           1.     Sudama Singh Sonof Late Vishwanath Singh R/O-Dhanaw English, P.S.-
                  NASARIGANJ
           2.    Upendra Singh Son Of Late Hira Singh @ Late Hiralal Singh R/O-Dhanaw
                 English, P.S.-NASARIGANJ
           3.    Pawan Kumar Sonof Binod Narayan Singh R/O-Nasariganj, Yadav Tola,
                 P.S.-NASARIGANJ, Distt.-ROHTAS At Sasaram

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Shyam Sundar Rai Son Of Shri Dharm Devi Rai R/O-Khurd, P.S.-jamana,
                 Distt.-gajipur, Uttar Pradesh
           3.    Pappu Kumar Yadav Son Of Raghunath Yadav R/O-Majhwari, P.S.-simri,
                 Distt.-buxar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Dinesh Singh, 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

                   petitioners seeks permission to withdraw this application with

                   liberty to the petitioners 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 petitioners.

                                5. It is clarified that this Court has not expressed any
          Patna High Court CR. MISC. No.7846 of 2024(2) dt.16-03-2026
                                                      2/2




                    opinion on the merits of the case.



                                               (Praveen Kumar, J)
Jyoti/-

U


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