Patna High Court

SADAB BANO @ SADAO BANOversusThe State of Bihar

Decided: 15 April 2026
Disposal: WITHDRAWN
Bench: PURNENDU SINGH

Holding

The court held that the petition may be withdrawn under Section 403 of the BNSS and dismissed the application as withdrawn with liberty to seek appropriate remedy.

Summary

The petitioner, Sadab Bano, filed a criminal miscellaneous petition before the Patna High Court. The petitioner sought to withdraw the petition invoking the bar under Section 403 of the BNSS. The learned counsel argued that the petitioner should be allowed to withdraw the petition while retaining the liberty to pursue any appropriate remedy later. The court examined the provisions of Section 403 of the BNSS concerning withdrawal of petitions. It held that the statutory bar permits such withdrawal and that the petitioner may seek other remedies in accordance with law. Consequently, the application was dismissed as withdrawn, with liberty granted to the petitioner to avail appropriate remedies.

Issues considered

Whether the petition can be withdrawn under Section 403 of the BNSS and the petitioner can be given liberty to seek other appropriate remedies

Legislation cited

BNSS — s. 403

Subjects

withdrawal of petition
Section 403
BNSS
liberty to seek remedy
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.56799 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.43414 of 2024
                  Arising Out of PS. Case No.-5681 Year-2022 Thana- PATNA COMPLAINT CASE District-
                                                           Patna
                  ======================================================
                  SADAB BANO @ SADAO BANO W/o Md Rizwan @ Intekhab Alam @
                  Inteqab R/o Mohalla - 601, G Saheban Apartment, Alwa Colony, Ranipur P.S.
                  Phulwari Sarif, Distt.- Patna. At present Mohalla - Ekmighat, Ojhaul, Masjid
                  ke pas, P.s. - Bahadurpur, Distt.- Darbhanga
                                                                             ... ... Petitioner/s
                                                       Versus
            1.     The State of Bihar
            2.     Sahnawaz Ekbal S/o Md. Sahabuddin R/o Mohalla - Tam Tam Parab,
                   Kumhrar Toli, Phulwari Sarif, P.S.- Phulwari Sarif, Distt.- Patna
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Kedar Jha, Advocate
                  For the Opposite Party/s :      Mr.Sanjay Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

4    15-04-2026                   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 with a liberty to avail

                    appropriate remedy in accordance with law.

                                 3. Accordingly, the present application stands

                    dismissed as withdrawn with the aforesaid liberty.


                                               (Purnendu Singh, J)
Ashishsingh/-
U      T

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