Patna High Court

Sanjay RamversusThe State of Bihar

Decided: 23 March 2026
Disposal: WITHDRAWN
Bench: RAJESH KUMAR VERMA

Holding

The Court permitted the withdrawal of the application and dismissed it as withdrawn, granting the petitioner liberty to move before the appropriate forum.

Summary

The petitioner, Sanjay Ram, filed an application before the Patna High Court in a criminal miscellaneous proceeding. He sought the Court’s permission to withdraw that application and to approach the appropriate forum after the charges were framed. The issue before the Court was whether it could allow the petitioner to withdraw the application and grant him liberty to move the matter elsewhere. The Court held that the petitioner was entitled to withdraw the application without prejudice to the State. Accordingly, the Court granted the permission sought and dismissed the application as withdrawn.

Issues considered

What is the scope of a petitioner’s right to withdraw a criminal application and seek a more appropriate forum after framing of charges?

Subjects

withdrawal of application
criminal procedure
jurisdiction
framing of charges
high court order
liberty to move

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.78599 of 2025
                   Arising Out of PS. Case No.-74 Year-2025 Thana- PHENHARA District- East Champaran
                  ======================================================
                  Sanjay Ram Son of Nageshwar Ram Resident of Village - Madhurapur, .P.S. -
                  Phenhara, District - East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Madhurendra Kumar, Advocate
                  For the Opposite Party/s :      Mr.Amitesh Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

5    23-03-2026                    Heard Mr.Madhurendra Kumar, learned counsel for

                    the petitioner and Mr.Amitesh Kumar, learned APP for the State.

                                 2. After some arguments,            learned counsel for the

                    petitioner seeks permission to withdraw this application with

                    liberty to move before the appropriate forum after framing of

                    the charges.

                                 3. Permission is accorded.

                                 4. Accordingly, the application is dismissed as

                    withdrawn with the aforesaid liberty.



                                           (Rajesh Kumar Verma, J)
Nitesh/-

U          T

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