Patna High Court
Lalan Prasad @ Lalan PatelversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the bar under Section 403 of the BNSS precludes the relief sought, and therefore the petition is dismissed.
Summary
Lalan Prasad filed a criminal miscellaneous petition against the State of Bihar, contending that the FIR incorrectly recorded his age as 49 years. He sought a remedy under Section 403 of the BNSS to correct the alleged error. The State opposed the petition. The court examined the bar contained in Section 403 of the BNSS and found that it precluded the relief sought. Consequently, the application was disposed of, effectively dismissing the petition.
Issues considered
- Whether the petitioner is entitled to relief under Section 403 of the BNSS for the alleged incorrect age recorded in the FIR
Legislation cited
- BNSS — s. 403
Subjects
- criminal procedure
- FIR
- age misstatement
- Section 403
- BNSS
- petition dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22497 of 2026
In
CRIMINAL MISCELLANEOUS No.70749 of 2025
Arising Out of PS. Case No.-230 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Lalan Prasad @ Lalan Patel S/O Late Raghunath Prasad R/o Vill.- Nauka
Tola, P.S - Bettiah Muffasil, District - West Champaran, Bihar. (Wrong age in
FIR as 49 years)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rudal Singh, Advocate
Mr.Rahul Kumar Shukla, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 10-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. Considering the bar contained under Section 403 of
the BNSS, learned counsel appearing on behalf of the petitioner
seeks to avail appropriate remedy in accordance with law.
3. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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