Patna High Court

Rinku Kumar @ Rikku KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The court held that the modification application could be withdrawn under the bar of Section 403 B.N.S.S., 2023 (equivalent to Section 362 CrPC) and disposed of it with liberty to avail the appropriate remedy.

Summary

Petitioner Rinku Kumar filed a modification application in a criminal miscellaneous case. He sought to withdraw the application, invoking the bar under Section 403 of the B.N.S.S., 2023, which corresponds to Section 362 of the Criminal Procedure Code. The learned counsel argued that the bar permitted withdrawal with a liberty to pursue any appropriate remedy. Justice Purnendu Singh examined the statutory provision and agreed that the bar applied. Consequently, the court disposed of the modification application, granting the petitioner liberty to avail the appropriate remedy under law.

Issues considered

Whether the petitioner may withdraw the modification application under the bar of Section 403 B.N.S.S., 2023 (corresponding to Section 362 CrPC) and be granted liberty to seek an appropriate remedy

Legislation cited

B.N.S.S., 2023 — s. 403
Code of Criminal Procedure, 1973 — s. 362

Subjects

modification application
withdrawal
Section 403 B.N.S.S.
Section 362 CrPC
criminal procedure
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6844 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.83336 of 2025
                          Arising Out of PS. Case No.-536 Year-2025 Thana- BYPASS District- Patna
                  ======================================================
                  Rinku Kumar @ Rikku Kumar S/o Ramnath Prasad @ Ramnath Beldar R/o
                  Bahari Begampur, Beldari Tola, P.S.- Bypass, Distt.- Patna
                                                                                ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Nityanand Kumar, Advocate
                  For the Opposite Party/s :        Mr. Pradeep Narain Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER
2    06-02-2026                      Heard Mr. Nityanand Kumar, learned counsel

                    appearing on behalf of the petitioner and Mr. Pradeep Narain

                    Kumar, learned APP for the State.

                                 2. Learned counsel appearing on behalf of                          the

                    petitioner informs that considering the bar as contained under

                    Section 403 of the B.N.S.S., 2023, which is corresponding to

                    Section 362 of the Cr.P.C., he seeks to withdraw the present

                    modification application with a liberty to avail appropriate

                    remedy, in accordance with law.

                                 3. The modification application stands disposed of

                    with aforesaid liberty.


                                                                (Purnendu Singh, J)

Ashishsingh/-
U      T

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