Patna High Court

Monu KumarversusThe State of Bihar

Decided: 11 March 2026
Disposal: CONSIGNED
Bench: PURNENDU SINGH

Holding

The Court held that the modification application should be consigned to the records pending further consideration.

Summary

Monu Kumar filed a modification application seeking to avail an appropriate legal remedy, contending that Section 403 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) imposes a bar on his relief. The petitioner, represented by Mr. Rakesh Bihari Singh, argued that the bar should not preclude his application. The State, through Mr. Ajit Kumar, opposed the relief. The Court examined whether the statutory bar under Section 403 BNSS barred the modification application. Finding no immediate ground to dismiss, the Court ordered that the application be consigned to the records for further consideration. No substantive decision on the merits was rendered at this stage.

Issues considered

Whether the bar under Section 403 of the Bharatiya Nagarik Suraksha Sanhita precludes the petitioner from obtaining the relief sought in the modification application

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 403

Subjects

Criminal Procedure
Modification Application
Section 403
BNSS
Remedy

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.16544 of 2026
                                                  In
                                  CRIMINAL MISCELLANEOUS No.23229 of 2025
                        Arising Out of PS. Case No.-111 Year-2025 Thana- SHASTRINAGAR District- Patna
                     ======================================================
                     Monu Kumar

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

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

2       11-03-2026                     Heard Mr. Rakesh Bihari Singh, learned counsel

                       appearing on behalf of the petitioner and Mr. Ajit Kumar,

                       learned counsel for the State.

                                    2. Learned counsel appearing on behalf of the

                       petitioner seeks liberty to avail the appropriate remedy in

                       accordance with law, in view of the bar contained in Section 403

                       of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

                                    3. Accordingly, the present modification application

                       stands consigned to the records.



                                                  (Purnendu Singh, J)
chn/-

U         T

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