Patna High Court

Munna Kumar @ Munna Kumar ChaudharyversusThe 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Disposal: WITHDRAWN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The application to withdraw the petition is dismissed as withdrawn, with liberty granted to the petitioner to avail an appropriate remedy.

Summary

The petitioner, Munna Kumar, filed a criminal miscellaneous petition before the Patna High Court challenging certain actions of the State of Bihar. The petitioner, through counsel, sought to withdraw the petition invoking the bar provided under Section 403 of the BNSS, while requesting liberty to pursue any appropriate remedy thereafter. The learned counsel for the State opposed the withdrawal. The Court examined whether the petition could be withdrawn under the statutory provision and considered the request for liberty to approach the law later. Finding the petitioner's request permissible, the Court dismissed the application as withdrawn, granting the petitioner liberty to avail an appropriate remedy in accordance with law. The order was pronounced by Justice Purnendu Singh.

Issues considered

Whether a petition filed under criminal miscellaneous proceedings can be withdrawn under Section 403 of the BNSS
Whether the petitioner should be granted liberty to pursue an appropriate remedy after withdrawal

Legislation cited

BNSS — s. 403

Subjects

withdrawal of petition
Section 403
BNSS
criminal miscellaneous
Patna High Court
liberty to avail remedy

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9232 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.67748 of 2022
                        Arising Out of PS. Case No.-330 Year-2021 Thana- ARWAL District- Jehanabad
                  ======================================================
                  Munna Kumar @ Munna Kumar Chaudhary S/o- Late Ramesh Chaudhary
                  R/v- Jagjivan Nagar Ps- Bettiah Town Dist- West Champaran

                                                                                    ... ... Petitioner/s
                                                         Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Ashish Ranjan Garg, Advocate
                  For the Opposite Party/s :        Mr.Chandra Sen Prasad Singh, 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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