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Patna High Court

Pappu YadavversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The petition is consigned to the District Court as the bar under Section 403 of the BNSS prevents its adjudication in the High Court.

Summary

Pappu Yadav and Mohan Yadav filed a petition before the Patna High Court seeking a remedy against the State of Bihar. They argued that the bar imposed by Section 403 of the BNSS prevented them from proceeding in the High Court. The Court examined whether the petition could be entertained despite the statutory bar. It held that the petition could not be entertained in the High Court and was to be dealt with by the appropriate District Court. Consequently, the petition was consigned to the District Court for further proceedings.

Issues considered

  • Whether the bar under Section 403 of the BNSS precludes the petitioners from seeking relief in the High Court

Legislation cited

Subjects

  • Section 403
  • BNSS
  • High Court
  • District Court
  • Petition
  • Criminal Procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.15568 of 2026
                        Arising Out of PS. Case No.-197 Year-2025 Thana- GRIYAK District- Nalanda
                  ======================================================
            1.     Pappu Yadav Son of late Kailu Yadav Resident of Village - Ghosrawan,
                   Dulara Bigha, P.S. - Giriyak, Dist. - Nalanda.
            2.    Mohan Yadav Son of Late Baijnath Yadav Resident of Village - Ghosrawan,
                  Dulara Bigha, P.S. - Giriyak, Dist. - Nalanda.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Madhav Raj, Advocate
                  For the Opposite Party/s :       Mr.Jitendra Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    11-03-2026                     In view of the bar contained in Section 403 of

                    BNSS, the petitioners seek to avail appropriate remedy before

                    the learned District Court in accordance with law.

                                 2. The present petition, accordingly, consigned.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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