Patna High Court

Prashant Kumar @ Prashant Kumar Gupta @ Chandan KumarversusThe State of Bihar

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Disposal: WITHDRAWN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

Holding

The application to withdraw the petition is dismissed as withdrawn, with liberty to the petitioners to avail appropriate remedy.

Summary

The petitioners, Prashant Kumar and co‑applicants, filed a criminal miscellaneous petition before the Patna High Court. They sought to withdraw the petition invoking the bar under Section 403 of the BNSS, while requesting liberty to pursue any appropriate remedy later. The State of Bihar and a co‑respondent opposed the withdrawal. The learned counsel for the petitioners argued that the statutory bar permitted withdrawal. The court examined the applicability of Section 403 and the procedural propriety of the withdrawal request. It concluded that the petition could be withdrawn and dismissed the application, granting the petitioners liberty to seek any further remedy as per law. The order was pronounced by Justice Purnendu Singh.

Issues considered

Whether a criminal miscellaneous petition can be withdrawn under Section 403 of the BNSS

Legislation cited

Bihar Negotiable Instruments Act — s. 403

Subjects

withdrawal of petition
Section 403
BNSS
criminal miscellaneous
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7291 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.75909 of 2018
                       Arising Out of PS. Case No.-172 Year-2018 Thana- SULTANGANJ District- Patna
                  ======================================================
                  Prashant Kumar @ Prashant Kumar Gupta @ Chandan Kumar S/O Dilip
                  Kumar Gupta R/O B.N.R. More, Ashok Raj Path, P.S- Sultanganj, Distt.-
                  Patna.
                                                                     ... ... Petitioner/s
                                               Versus
            1.     The State of Bihar
            2.     Khushboo Kumari W/O Parshant Kumar Gupta @ Chandan Kumar D/O
                   Suresh Prasad Gupta, R/O Mohalla Rajiv Nagar, Road No. 15, P.S- Rajiv
                   Nagar, Distt.- Patna. A/P B.N.R. More, P.S- Sultanganj, Distt.- Patna.
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Kritu Verma, Advocate
                  For the Opposite Party/s :       Mr.Braj Kishore Pd., APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

3    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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