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Patna High Court

Lalan Prasad @ Lalan PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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