Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50306 of 2016 Arising Out of PS. Case No.-53 Year-2011 Thana- SINGHESHWAR District- Madhepura ====================================================== Vijay Kumar, Son of Sri Ram Swaroop Singh, resident of Village- Jaitpur, P.S.- Barahiya, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Singh, Advocate For the State :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH ORAL ORDER 27-07-2026 Heard learned counsel for the respective parties.

2. At the very outset, Mr. Ranjan Kumar Singh, learned counsel appearing on behalf of the petitioner prays for withdrawal of the instant application in view of the fact that by efflux of time, though the petitioner has preferred this application assailing the order rejecting discharge application, but now charges have already been framed and trial has proceeded.

3. In this view of the matter, he prays that this application may be allowed to be disposed off with a liberty to the petitioner to raise all the defences which have been taken herein before the learned Trial Court at an appropriate stage.

4. Mr. Surendra Kumar, learned Addl. Public Prosecutor for the State is present and he did not object to it.

Patna High Court CR. MISC. No.50306 of 2016(3) dt.27-07-2026 2/2

5. The application is, accordingly, allowed to be withdrawn with a liberty to the petitioner to file an appropriate application before the learned Trial Court at an appropriate stage raising all the defences which have been taken herein and if any such application is filed before the learned Trial Court, the learned Trial Court will be duty bound to consider the same and pass a positive order without being prejudiced by the present order of this Court as this Court has not expressed any opinion on the merit of the case.

6. The application stands disposed off accordingly. (Rana Vikram Singh, J) Rakesh/Praveen-II U T