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Patna High Court

Binod Kumar @ Vinod KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The applications are dismissed as withdrawn.

Summary

The petitioners, Binod Kumar and Bijay Kumar, filed criminal miscellaneous applications before the Patna High Court seeking relief. Their counsel argued that they had been extended the privilege under Section 187(2) of the Bihar Negotiable Instruments Act, and therefore requested the withdrawal of both applications. The court considered whether the privilege under the cited provision justified the withdrawal of the pending applications. Finding the petitioners' request appropriate, the court allowed the prayer for withdrawal. Consequently, the applications were dismissed as withdrawn.

Issues considered

  • Whether the petitioners are entitled to withdraw their criminal miscellaneous applications on the ground of being extended privilege under Section 187(2) of the Bihar Negotiable Instruments Act

Legislation cited

Subjects

  • withdrawal of application
  • privilege
  • Section 187(2)
  • Patna High Court
  • criminal miscellaneous

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.18280 of 2026
                      Arising Out of PS. Case No.-25 Year-2026 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Binod Kumar @ Vinod Kumar Son of Late Uma Shankar Prasad Resident of
                 Village- Chakhusain, Police Station- Khushrupur, District- Patna (Bihar)

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 18714 of 2026
                      Arising Out of PS. Case No.-25 Year-2026 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Bijay Kumar @ Vijay Kumar Son of Late Uma Shankar Prasad Resident of
                 Village- Chakhusain, Police Station- Khushrupur, District- Patna (Bihar).

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 18280 of 2026)
                 For the Petitioner/s     : Mr.Awadhesh Kumar
                 For the Opposite Party/s : Dr. Mritunjay Kumar Gautam, APP
                 (In CRIMINAL MISCELLANEOUS No. 18714 of 2026)
                 For the Petitioner/s     : Mr.Awadhesh Kumar
                 For the Opposite Party/s : Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   05-05-2026                   Learned counsel for the petitioner submits that the

                   petitioners in both the cases have been extended the privilege

                   under Section 187(2) BNSS and as such prays for withdrawal of

                   both the applications.

                               2. Prayer is allowed.

                               3. These applications are dismissed as withdrawn
          Patna High Court CR. MISC. No.18280 of 2026(3) dt.05-05-2026
                                                      2/2




                    accordingly.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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