Patna High Court
DR. SANJEEV KUMAR AGRAWAL @ TOLIJEEversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The court held that the application is withdrawn, the petitioner may raise all grounds at charge framing, and any interim protection is vacated.
Summary
Dr. Sanjeev Kumar Agrawal filed an application seeking interim protection in a criminal miscellaneous case. The petitioner, through counsel Mr. Bipin Kumar, requested to withdraw the application and sought liberty to raise all grounds at the stage of framing of charge. The court, after hearing counsel for the petitioner, respondent No.2 and the State, allowed the withdrawal of the application and directed that any future application be heard by the lower court in accordance with Supreme Court precedent. The court vacated any interim protection previously granted to the petitioner. It ordered that a copy of the order be communicated to the Principal District Judge, Begusarai, so that the case may proceed.
Issues considered
- Whether the petitioner may withdraw the application for interim protection
- Whether the petitioner can raise all grounds at the stage of framing of charge
- Whether the interim protection, if any, should be vacated
Subjects
- interim protection
- withdrawal of application
- charge framing
- high court order
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83026 of 2019
Arising Out of PS. Case No.-1243 Year-2019 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
DR. SANJEEV KUMAR AGRAWAL @ TOLIJEE S/o Late Arvind Kumar
Agrawal R/o Mungeriganj, Arbind Shobha Memorial Dental Hospital,
Kadhag Narayan Road, Muigeriganj, P.S.- Nagar, Post and District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prakash Kumar Agrawal S/o Late Sukhdev Narayan Agrawal R/o Mohalla-
Mungeriganj, P.N. Bazar and Jwelers, Main Road, Mungeriganj, P.S.- Nagar,
District- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Advocate
For the O.P. No. 2 : Mr. Ansul, Sr. Advocate
For the State : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-01-2026 Heard Mr. Bipin Kumar, learned counsel for the
petitioner, Mr. Ansul, learned Senior Counsel for O.P. No. 2 and
Mr. Shyam Kumar Singh, learned A.P.P. for the State.
2. After some arguments, learned counsel for the
petitioner prays for and is permitted to withdraw this application
with liberty to the petitioner to raise all the grounds at the stage of
framing of charge.
3. If such an application is filed, the same shall be
heard and considered by the learned court below in view of the
law laid down by the Hon’ble Supreme Court in the case of
Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577
Patna High Court CR. MISC. No.83026 of 2019(3) dt.19-01-2026
2/2
and accordingly a reasoned order shall be passed.
4. The interim protection, if any, granted to the
petitioner, is hereby vacated.
5. Let a copy of this order be communicated to Principal
District Judge, Begusarai through FAX so that the case will
proceed further.
(Sandeep Kumar, J)
tusharika/-
U T
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