Patna High Court

Dev Prasad RaiversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The petitioners were permitted to withdraw the modification petition under Section 403 of the BNSS.

Summary

The petitioners, Dev Prasad Rai, Chanchal Kumari and Vivek Kumar, filed a criminal miscellaneous modification petition before the Patna High Court seeking relief under Section 403 of the BNSS. They later moved the court to withdraw the petition in order to pursue an appropriate remedy in accordance with law. The court examined whether the petition could be withdrawn despite the bar contained in Section 403 of the BNSS. Relying on the statutory provision, the court held that the petitioners were entitled to withdraw the petition. Consequently, the court disposed of the petition granting the petitioners liberty to withdraw it.

Issues considered

Whether a modification petition filed under Section 403 of the BNSS can be withdrawn by the petitioners.

Legislation cited

BNSS — s. 403

Subjects

withdrawal of petition
modification petition
Section 403
BNSS
Patna High Court
criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.15770 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.53569 of 2025
                        Arising Out of PS. Case No.-676 Year-2024 Thana- MAHUA District- Vaishali
                  ======================================================
            1.     Dev Prasad Rai S/o Laxmi Ray @ Latarni Ray R/O Village- Ward 05,
                   Bazidpur Chak Kasturi, P.S- Desari, District- Vaishali
            2.    Chanchal Kumari D/o Rambali Rai R/o, W/o Sujit Kumar, R/o vill -
                  Paharpur, P.S.- Mahua, Distt.- Vaishali
            3.    Vivek Kumar @ Sujit Kumar S/o Rambali Ray @ Ashok Kumar R/o vill -
                  Paharpur, P.O.- Karhauta Buzurg, P.S.- Mahua, Distt.- Vaishali

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Md. Soban Asghar, Advocate
                  For the Opposite Party/s :       Ms.Nirmala Kumari, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    16-03-2026                     In view of the bar contained in Section 403 of

                    BNSS, the petitioners seek to withdraw the present modification

                    petition to avail appropriate remedy in accordance with law.

                                 2. The present petition is disposed of with aforesaid

                    liberty.


                                               (Purnendu Singh, J)

Sanjay/-

U      T

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