Patna High Court

Prem SahaniversusThe State of Bihar

Decided: 17 April 2026
Disposal: CONSIGNED
Bench: PURNENDU SINGH

Holding

The petition was withdrawn in accordance with Section 403 of the BNSS.

Summary

Prem Sahani filed a criminal miscellaneous petition before the Patna High Court. The petitioner, through counsel, sought to withdraw the petition invoking the bar provided under Section 403 of the BNSS. The State of Bihar opposed the withdrawal. The Court examined the statutory provision and allowed the withdrawal, directing that the application be consigned to the records. No merits of the original petition were adjudicated.

Issues considered

Whether the petitioner may withdraw the criminal miscellaneous petition under Section 403 of the BNSS

Legislation cited

Bihar Negotiable Instruments Act — s. 403

Subjects

withdrawal of petition
Section 403
BNSS
criminal miscellaneous
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25851 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.70655 of 2025
                        Arising Out of PS. Case No.-147 Year-2025 Thana- PIPRAHI District- Sheohar
                  ======================================================
                  Prem Sahani S/o Ramchandra Sahni R/o Village - Belwa Narkatiya, P.S -
                  Piprahi, District - Sheohar

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Devendra Kumar, Advocate
                  For the Opposite Party/s :        Mr. Md. Ataur Rahman, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    17-04-2026                     Heard learned counsel appearing on behalf of the

                    petitioner and learned APP for the State.

                                 2. In view of the bar contained under Section 403 of

                    the BNSS, learned counsel appearing on behalf of the petitioner

                    seeks to withdraw the present petition to avail appropriate

                    remedy in accordance with law.

                                 3. Accordingly, the present application is consigned to

                    records.



                                               (Purnendu Singh, J)
Niraj/-

U         T

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