Patna High Court

Lalu Yadav @ Upnandan KumarversusThe State of Bihar

Decided: 18 February 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The Court allowed the withdrawal of the modification application, subject to a liberty to avail appropriate remedy.

Summary

The petitioner, Lalu Yadav, an 18‑year‑old, filed a modification application in the Patna High Court. He sought to withdraw the application invoking the bar provision under Section 403 of the Bihar Negotiable Security Act, 2023, which mirrors Section 362 of the Criminal Procedure Code. The petitioner’s counsel requested that the withdrawal be allowed with a liberty to pursue any appropriate remedy thereafter. The Court examined whether the statutory bar permitted such a withdrawal. It held that the withdrawal could be permitted, but the petitioner must be given liberty to seek any further remedy as the law allows. Consequently, the modification application was disposed of, granting the petitioner the stated liberty.

Issues considered

Whether a modification application can be withdrawn under the bar provision of Section 403 B.N.S.S., 2023 (corresponding to Section 362 Cr.P.C.)

Legislation cited

Code of Criminal Procedure, 1973 — s. 362

Subjects

withdrawal of application
Section 403 B.N.S.S.
Section 362 CrPC
modification application
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11880 of 2026
                                                          In
                              CRIMINAL MISCELLANEOUS No.66212 of 2025

                       Arising Out of PS. Case No.-103 Year-2025 Thana- CHAORI District- Bhojpur
                 ======================================================
                 Lalu Yadav @ Upnandan Kumar, Male, Aged about 18 Years, Son of Bam
                 Bahadur Singh @ Bam Yadav, Resident of Sikarhatta, P.S.- Sikarhatta,
                 District- Bhojpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Akanksha Malviya, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   18-02-2026                      Heard Mrs. Akanksha Malviya, learned counsel

                   appearing on behalf of the petitioner and Mr. Bharat Lal, learned

                   APP for the State.

                                   2. Learned counsel appearing on behalf of the

                   petitioner informs that considering the bar as contained under

                   Section 403 of the B.N.S.S., 2023, which is corresponding to

                   Section 362 of the Cr.P.C., he seeks to withdraw the present

                   modification application with a liberty to avail appropriate

                   remedy, in accordance with law.

                                 3. The modification application stands disposed of
              Patna High Court CR. MISC. No.11880 of 2026(2) dt.18-02-2026
                                                          2/2




                        with aforesaid liberty.



                                                  (Purnendu Singh, J)
Niraj/-

U         T

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