Patna High Court

Bijay Kumar @ Vijay KumarversusThe State of Bihar

Decided: 5 May 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The applications are dismissed as withdrawn.

Summary

Petitioners Binod Kumar and Bijay Kumar filed criminal miscellaneous applications before the Patna High Court. Their counsel submitted that they had been granted the privilege under Section 187(2) of the BNSS and therefore sought to withdraw the applications. The court considered the request for withdrawal. Finding no objection, the court allowed the prayer. Consequently, both applications were dismissed as withdrawn.

Issues considered

Whether the applications filed by the petitioners can be withdrawn after being granted privilege under Section 187(2) of the BNSS

Legislation cited

BNSS — s. 187(2)

Subjects

withdrawal of application
Section 187(2)
BNSS
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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