Patna High Court

Murari PrasadversusThe State of Bihar

Decided: 20 April 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court allowed the withdrawal of the application and disposed of it without expressing any opinion on the merits.

Summary

The petitioner, Murari Prasad, filed an application in the Patna High Court seeking to raise all points, including a specific ground, at the time of framing of charge in a criminal miscellaneous case. The petitioner, through counsel Ashok Singh, later requested the withdrawal of this application so that the points could be raised later. The court considered whether to permit the withdrawal of the application. Justice Praveen Kumar granted permission to withdraw the application, stating that the court would not express any opinion on the merits of the underlying case. Consequently, the application was disposed of as withdrawn, with liberty to raise the points at a later stage. No substantive merits of the case were addressed by the court.

Issues considered

Whether the court should allow the petitioner to withdraw the application seeking to raise points at the time of framing of charge.

Subjects

criminal procedure
withdrawal of application
framing of charge
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90028 of 2025
                    Arising Out of PS. Case No.-7 Year-2013 Thana- MADANPUR District- Aurangabad
                 ======================================================
                 Murari Prasad S/o Late Nathun Prasad R/o Village - Maharajganj, P.S -
                 Rafiganj, District - Aurangabad
                                                                      ... ... Petitioner
                                                 Versus
           1.     The State of Bihar
           2.     Gautam Kumar S/o Vinod Sah R/o Village - Nima, P.S - Madanpur, District -
                  Aurangabad
                                                                     ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Singh
                 For the Opposite Party/s :      Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   20-04-2026                    Learned counsel for the petitioner, at the very outset,

                   prays for withdrawal of this application so as to raise all the

                   points available to him including the ground raised in this

                   application at the time of framing of charge.

                                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

Continue reading with your account

Checking your session…