Patna High Court

Promod Sahani and OrsversusState Of Bihar and Anr

Decided: 20 January 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The application is dismissed as withdrawn.

Summary

The petitioners in a criminal miscellaneous proceeding filed an application before the Patna High Court. After hearing, the petitioners sought to withdraw the application, seeking liberty to raise all grounds at a later stage. The Court permitted the withdrawal and directed that any future application would be considered in light of the Supreme Court’s decision in Kanchan Kumar v. State of Bihar. Accordingly, the Court dismissed the present application as withdrawn. No substantive merits of the original petition were addressed.

Issues considered

Whether the petitioners may withdraw their application and retain the right to raise grounds later
Effect of withdrawal on the pending proceedings

Subjects

withdrawal of application
criminal procedure
procedural law
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.897 of 2019
                 Arising Out of PS. Case No.-512 Year-2016 Thana- COMPLAINT CASE District- Lakhisarai
                 ======================================================
           1.     Promod Sahani
           2.    Sagar Sahani
           3.    Binod Sahani @ Vinod Kumar
           4.    Anil Sahani @ Anil Kumar
           5.    Batoran Sahani
           6.    Satish Sahani @ Chhatish Sahani All Son of Parmeshwar Sahani
           7.    Parmeshwar Sahani Son of Late Lalji Sahani All resident of Village-
                 Jakarpura, P.S. Surajgraha, District- Lakhisarai

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    State Of Bihar
           2.    Nunulal Sahani son of Suresh Sahani R/o Village- Jakarpura, P.S.
                 Surajgraha, District- Lakhisarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar
                 For the Opposite Party/s :       Mr.Smt. Gulnar Begam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-01-2026                    Heard the parties.

                                2. After some arguments, learned counsel for the

                   petitioners prays for and is permitted to withdraw this

                   application       with a liberty to raise all the grounds at an

                   appropriate stage.

                                3. If any application is filed by the petitioners, raising

                   the grounds then the Court below will consider the same and

                   will pass a reasoned order in light of the judgment of the

                   Hon’ble Supreme Court in the case of Kanchan Kumar Vs.
          Patna High Court CR. MISC. No.897 of 2019(4) dt.20-01-2026
                                                      2/2




                    State of Bihar reported in (2022) 9 SCC 577.

                                 4. Accordingly, this application is dismissed as

                    withdrawn.



                                                               (Sandeep Kumar, J)
Vikas/-

U

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