Patna High Court

Sonu KumarversusThe State of Bihar

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

Holding

The court disposed of the modification application, granting the petitioner liberty to seek an appropriate remedy.

Summary

The petitioner, Sonu Kumar, filed a modification application in a criminal miscellaneous proceeding arising from PS Case No. 139 of 2025. He sought to withdraw the application, invoking the bar provision under Section 403 of the Bihar Negotiable Instruments (Security) Act, 2023, which corresponds to Section 362 of the Code of Criminal Procedure. The State of Bihar opposed the withdrawal. The learned counsel for the petitioner argued that the bar provision justified the withdrawal and requested liberty to pursue an appropriate remedy. The Hon’ble Justice Purnendu Singh disposed of the modification application, granting the petitioner liberty to avail the appropriate remedy. No substantive merits of the underlying criminal case were addressed.

Issues considered

What is the effect of the bar provision under Section 403 of the B.N.S.S., 2023 (corresponding to Section 362 Cr.P.C.) on the petitioner’s request to withdraw the modification application?

Legislation cited

Code of Criminal Procedure — s. 362

Subjects

criminal procedure
withdrawal of application
modification application
Section 403 B.N.S.S. 2023
Section 362 CrPC
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12853 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.63466 of 2025
                        Arising Out of PS. Case No.-139 Year-2025 Thana- JHAJHA District- Jamui
                 ======================================================
                 Sonu Kumar Son of Devanandan Yadav RO Village- Keshopur PS- Jhajha

                 District -Jamui Bihar


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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Anirudh Kumar Sinha, Advocate

                                                  Mr.Alok Kumar, Advocate

                 For the Opposite Party/s :       Mr.Sanjay Kumar Pandey, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   18-02-2026                          Heard Mr. Anirudh Kumar Sinha, learned counsel

                   appearing on behalf of the petitioner and Mr. Sanjay Kumar

                   Pandey, learned A.P.P. 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.12853 of 2026(2) dt.18-02-2026
                                                       2/2




                     with aforesaid liberty.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T

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