Patna High Court

Manish Chandra Raj @ Manish ChandraversusThe State of Bihar

Decided: 7 April 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The court held that the petitioner’s application may be withdrawn without prejudice, allowing the petitioner to raise his points at the charge‑framing stage.

Summary

The petition Manish Chandra Raj filed under Criminal Miscellaneous No.83446 of 2024 sought to withdraw his application while preserving the right to raise all points at the charge‑framing stage. The respondents were the State of Bihar and three individuals named Kapileshwar Mandal, Chandan Kumar, and Rajeev Ranjan. The petitioner’s counsel requested permission to withdraw the application with liberty to raise issues later. The learned Judge examined the request and found no impediment to allowing the withdrawal. Consequently, the court granted the prayer, dismissed the application as withdrawn, and expressly stated that it was not expressing any view on the merits. The order leaves the substantive criminal proceedings untouched, permitting the petitioner to raise his arguments when charges are framed.

Issues considered

Whether a petitioner may withdraw an application with liberty to raise all points at the time of framing of charge

Subjects

withdrawal of application
criminal procedure
charge framing
procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.83446 of 2024
                  Arising Out of PS. Case No.-375 Year-2003 Thana- BEGUSARAI TOWN District- Begusarai
                  ======================================================
                  Manish Chandra Raj @ Manish Chandra S/O Late Jagdish Mandal Resident
                  of- Mungeriganj, P.S.- Nagar, District- Begusarai.
                                                                       ... ... Petitioner/s
                                                      Versus
             1.    The State of Bihar
             2.   Kapileshwar Mandal Son of- Late Meghu Mandal Resident of- Mungeriganj,
                  P.S.- Nagar, District- Begusarai.
             3.   Chandan Kumar, Mandal Son of- Kapileshwar Mandal Resident of-
                  Mungeriganj, P.S.- Nagar, District- Begusarai.
             4.    Rajeev Ranjan, Mandal Son of- Kapileshwar Mandal Resident of-
                   Mungeriganj, P.S.- Nagar, District- Begusarai.
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Pritish Kumar Lal, Adv
                  For the Opposite Party/s :      Mr.Akshay Lal Pandit, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

3    07-04-2026                    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 with liberty to raise all

                    the points at the time of framing of charge.

                                 3. Prayer is allowed.

                                 4. Accordingly, the application is dismissed as withdrawn.

                                 5. It is made clear that this Court has not expressed any

                    opinion on the merits of this case.



                                               (Praveen Kumar, J)
niku/-

U        T

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