Patna High Court

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Disposal: WITHDRAWN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The court held that the petition may be withdrawn under Section 403 of the BNSS and dismissed the application as withdrawn with liberty to seek an appropriate remedy.

Summary

The petitioners filed a criminal miscellaneous petition before the Patna High Court. They sought to withdraw the petition invoking the bar provided under Section 403 of the BNSS and requested liberty to pursue any appropriate remedy thereafter. The State of Bihar, represented by an APP, opposed the withdrawal. Justice Purnendu Singh examined the statutory provision and found that the petition could indeed be withdrawn under the cited section. Consequently, the court dismissed the application as withdrawn while granting the petitioners liberty to avail any suitable remedy in accordance with law.

Issues considered

Whether the petition can be withdrawn under Section 403 of the BNSS
Whether the court may grant liberty to the petitioner to pursue an appropriate remedy after withdrawal

Legislation cited

BNSS — s. 403

Subjects

petition withdrawal
Section 403
BNSS
high court
civil procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.59453 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.19964 of 2022
                         Arising Out of PS. Case No.-403 Year-2021 Thana- BIHAR District- Nalanda
                  ======================================================
                  Robin Tanti S/o- Late Baijnath Tanti Village- Paharpur PS-Biharsharif
                  District-Nalanda, A/P- BL NO-17, Kachari Road Ps- kakinara Dist- 24
                  Pargana North W.B
                                                                       ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.    Sarjug Pal Chandrabanshi S/O Preman Tanti R/O- Paharpur P.S.- Bihar
                  Sharif, District- Nalanda
            3.     The Branch Manager, S.B.I. Kankinara 01833 District- 24 Pargana, North
                   West Bengal
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Kameshwar Singh, Advocate
                  For the Opposite Party/s :        Mr.Rana Randhir Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

8    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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