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Patna High Court

Bharat Kumar BhagatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Permission to withdraw the application is granted and the application is disposed of as withdrawn.

Summary

The petitioners filed an application seeking to withdraw it so that they could raise all points, including those raised in the application, at a later stage of the proceedings. The learned counsel for the petitioners requested permission for this withdrawal. The Court, after hearing the counsel, granted permission to withdraw the application. The application was consequently disposed of as withdrawn. The Court expressly clarified that it did not express any opinion on the merits of the underlying case.

Issues considered

  • Whether the Court may grant permission to withdraw an application pending before it

Subjects

  • withdrawal of application
  • procedural discretion
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84482 of 2024
                    Arising Out of PS. Case No.-169 Year-2020 Thana- PURNEA SADAR District- Purnia
                 ======================================================
           1.     Bharat Kumar Bhagat S/o- Chandar Prasad Bhagat R/o Bhagat Market,
                  Gulab Bagh, P.S. Sadar District-Purnea
           2.    Arbind Kumar Jaiswal S/o- LateUpendra Prasad Jaiswal R/o- Vivekanand
                 Colony Purnea Ps-K.Hat Dist- Purnea
           3.    Bambam Alok Choudhary S/o- Late Vishwanath Choudhary R/o- Tikapatti
                 Ps-Tikapatti Dist- Purnea
           4.    Anant Kumar Modi S/o- Late Baijnath Modi R/o- Gulab Bagh Ps- Sadar
                 Dist- Purnea
                                                                     ... ... Petitioners
                                              Versus
           1.    The State of Bihar
           2.     Sri Shankar Kumar Jha S/o- Late Dina Nath Jha R/o- Kajra Ps- Saharsa
                  Dist- Saharsa
                                                                  ... ... Opposite Parties
                 ======================================================
                 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 petitioners 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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