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Patna High Court

Binod Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed of the modification petition, directing the petitioners to seek the appropriate remedy under law.

Summary

The petitioners, Binod Kumar Singh, Shila Singh and Rajeev Ranjan, filed a modification petition in a criminal appeal arising from case No. 356 of 2024. The petition sought relief invoking Section 403 of the BNSS. The State of Bihar and Ravi Kumar were the respondents opposing the petition. The court considered whether the bar contained in Section 403 of the BNSS applied to the petition. It concluded that the petitioners may avail themselves of the appropriate remedy under the law. Accordingly, the modification petition was disposed of.

Issues considered

  • Whether the bar under Section 403 of the BNSS precludes the filing of the modification petition

Legislation cited

Subjects

  • modification petition
  • Section 403
  • BNSS
  • criminal appeal
  • remedy

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6873 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.4239 of 2024
                   Arising Out of PS. Case No.-356 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
                  ======================================================
            1.     Binod Kumar Singh S/O Late Yamuna Prasad Singh
            2.    Shila Singh W/O Binod Kumar Singh
            3.    Rajeev Ranjan @ Pappu Kumar S/O Binod Kumar Singh
                  All R/O Mohalla- Sahakti Nagar, P.S- Muffasil, Distt.- Chhapra, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    Ravi Kumar S/O Yogeshwar Manjhi R/O Village- Lohari, Post- Gurukul
                  Mehiya, P.S- Muffasil, Distt.- Chhapra, Bihar.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Pravashankar Mishra, Advocate
                  For the Opposite Party/s :      Mr.Anuj Kumar Shrivastava, APP
                  For the informant        :      Ms. Archana, Advocate
                                                  Mr. Arun Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    25-02-2026                     In view of the bar contained in Section 403 of

                    BNSS, the petitioners may avail appropriate remedy in

                    accordance with law.

                                 2. The modification petition, accordingly, disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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