Patna High Court

Nand Kishor Kumar @ Nandu Kumar @ Nandu Kumar YadavversusThe State of Bihar

Decided: 6 January 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

Permission to withdraw the case was granted, and the application was dismissed as withdrawn.

Summary

The petitioner, Nand Kishor Kumar, filed a criminal miscellaneous petition in the Patna High Court seeking to withdraw the proceedings against him. He relied on the benefit of Section 187(3) of the B.N.S.S., contending that the provision permits withdrawal of the case. The learned counsel for the petitioner submitted an application for permission to withdraw. The Court examined the applicability of the statutory provision and found no impediment to granting the request. Consequently, the Court accorded permission to withdraw and dismissed the application as withdrawn.

Issues considered

Whether the petitioner is entitled to withdraw the criminal case under Section 187(3) of the B.N.S.S.

Legislation cited

B.N.S.S. — s. 187(3)

Subjects

withdrawal of criminal case
Section 187(3)
B.N.S.S.
High Court order
criminal miscellaneous petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61475 of 2025
                      Arising Out of PS. Case No.-535 Year-2024 Thana- MALSALAMI District- Patna
                 ======================================================
                 Nand Kishor Kumar @ Nandu Kumar @ Nandu Kumar Yadav S/O Late
                 Shambhu Rai R/O Village- Rikabganj, P.S- Malsalami, District- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Manju Devi W/O Sanjay Kumar Chaudhary R/O Village- Gariwan Tola
                 Malsalami Patna, P.S- Malaasalami, Distt.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Bhushan Prasad, Adv.
                 For the Opposite Party/s :       Ms.Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   06-01-2026                    At the outset, learned counsel appearing on behalf of

                   the petitioner submits that the petitioner has been given benefit

                   of provision of Section 187(3) of the B.N.S.S.

                                2. In view of the above, the petitioner seeks

                   permission to withdraw the case.

                                3. Permission is accorded.

                                4. Accordingly, the application is dismissed as

                   withdrawn.



                                              (Sourendra Pandey, J)
Gautam/-

U     T

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