Patna High Court

Prema DeviversusThe State of Bihar

Decided: 9 April 2026
Disposal: WITHDRAWN
Bench: PRAVEEN KUMAR

Holding

The court allowed the withdrawal of the application and granted liberty to file a fresh application under Section 448 of the BNSS.

Summary

The petitioner, Prema Devi, filed an application in the Patna High Court in a criminal miscellaneous proceeding. During the hearing, counsel for the petitioner requested to withdraw the pending application and sought permission to file a fresh application under Section 448 of the BNSS before the appropriate forum. The court considered the procedural propriety of allowing a withdrawal coupled with liberty to re‑file. No substantive merits of the original application were examined. The judge granted the prayer, allowing the withdrawal and authorising a fresh filing. Consequently, the pending application was disposed of as withdrawn.

Issues considered

Whether the court may permit the withdrawal of an application and simultaneously grant liberty to file a fresh application under Section 448 of the BNSS.

Legislation cited

Bihar Negotiable Instruments Act — s. 448

Subjects

withdrawal of application
fresh application
Section 448
BNSS
procedural law
criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.29715 of 2025
                  ======================================================
                  Prema Devi W/o Nathuni Singh R/o Ward No.- 6, P.S.- Bhabua, Distt.-
                  Kaimur, Bhabua- 821101

                                                                          ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar
            2.    Prabhat Kumar Singh S/o Subhas Singh R/o Vill.- Akhalashpur, P.S.-
                  Bhabua, Distt.- Kaimur, Bhabua- 821101

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Abhishek Kumar
                  For the Opposite Party/s :     Mr.Nand Kishore Prasad
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    09-04-2026                  After some argument, learned counsel for the

                    petitioner prays for withdrawal of this application with a liberty

                    to file a fresh application under the provisions of Section 448 of

                    the BNSS before the appropriate forum.

                                 2 Prayer is allowed.

                                 3 This application is disposed of as withdrawn with

                    the aforesaid liberty.


                                               (Praveen Kumar, J)
M.E.H./-

U      T

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