Ram Chandra Khairwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43866 of 2019 Arising Out of PS. Case No.-10 Year-2017 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== RAM CHANDRA KHAIRWAR Son of Late Narsingh Khairwar Resident of Village- Chhapkhi Parri, P.S.- Sadar, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajan Singh Son of Late Surendra Prasad Singh Resident of Mohalla- Laxmi Sagar, Road No. 2, P.S.- Sadar, District- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-01-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. After some arguments, learned counsel for the petitioner prays for and is permitted to withdraw this application with liberty to the petitioner to raise all the grounds at the stage of framing of charge. The objection with regard to maintainability of prosecution of the petitioner under Section 138 N.I. Act shall also be raised by the petitioner at the stage of framing of charge.

3. If such an application is filed, the same shall be heard and considered by the learned court below in view of the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577 and accordingly a reasoned order shall be passed.

Patna High Court CR. MISC. No.43866 of 2019(4) dt.20-01-2026 2/2

4. The interim protection, if any, granted to the petitioner, is hereby vacated.

5. Let a copy of this order be communicated to Principal District Judge, Darbhanga through FAX so that the case will proceed further.

(Sandeep Kumar, J) tusharika/- U T