Patna High Court

Pankaj Kumar ChaodharyversusThe State of Bihar

Decided: 5 May 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

Permission was granted to withdraw the application and it was disposed of as withdrawn without any opinion on the merits.

Summary

The petitioner, Pankaj Kumar Chaodhary, filed an application in a criminal miscellaneous proceeding against the State of Bihar and Shankar Kumar Jha. The petitioner, through counsel Arun Kumar Mandal, sought to withdraw the application so that all points, including those raised in the present application, could be raised at a later stage of the proceedings. The Hon'ble Justice Praveen Kumar considered the request and granted permission for the withdrawal. The court disposed of the application as withdrawn, expressly stating that it had not expressed any opinion on the merits of the case. Consequently, the proceedings remain pending for the petitioner to raise his substantive arguments at an appropriate stage.

Issues considered

Whether the court may grant permission to withdraw an application filed in a criminal miscellaneous proceeding

Subjects

withdrawal of application
procedural law
criminal miscellaneous proceeding
court permission
no merits expressed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84481 of 2024
                    Arising Out of PS. Case No.-168 Year-2020 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Pankaj Kumar Chaodhary S/o- Naresh Prasad Chaudhary R/o Shani Mandir
                 Gulab Bagh, Purena P.S. Sadar District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Sri Shankar Kumar Jha S/o-Late Dina Nath Jha Village- Kahra Ps- Saharsa
                 Dist-Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arun Kumar Mandal
                 For the Opposite Party/s :       Mr.Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   05-05-2026                       Learned counsel for the petitioner prays for

                   withdrawal of this application so as to raise all the points

                   available to him including the ground raised in this application

                   at appropriate stage of the proceeding.

                                2. Permission is granted.
                                3. This application is disposed of as withdrawn with
                   the liberty aforesaid.
                                4. It is made clear that this court has not expressed

                   any opinion on the merits of the case.



                                              (Praveen Kumar, J)
Pawan/-

U     T

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