Patna High Court

Devendra YadavversusThe State of Bihar

Decided: 18 February 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The modification application is disposed of, allowing the petitioner to withdraw it with liberty to seek an appropriate remedy.

Summary

The petitioner, Devendra Yadav, filed a criminal miscellaneous application seeking to withdraw a pending modification application. He relied on the bar provision contained in Section 403 of the Bihar Negotiable Security Act, 2023, which corresponds to Section 362 of the Code of Criminal Procedure. The petitioner’s counsel, Mr. Dhananjay Kumar Pandey, requested that the court allow the withdrawal while granting liberty to pursue any appropriate remedy thereafter. The State, represented by Mr. Pramod Kumar Pandey, opposed the withdrawal. Justice Purnendu Singh examined the statutory provision and held that the petitioner could indeed withdraw the application. Consequently, the court disposed of the modification application, granting the petitioner the liberty to avail any further remedy as per law.

Issues considered

Whether a modification application can be withdrawn under Section 403 of the B.N.S.S., 2023 (corresponding to Section 362 of the Cr.P.C.)

Legislation cited

B.N.S.S., 2023 — s. 403
Cr.P.C. — s. 362

Subjects

withdrawal of application
modification application
Section 403 B.N.S.S. 2023
Section 362 CrPC
criminal procedure
court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9670 of 2026
                                                          In
                              CRIMINAL MISCELLANEOUS No.71290 of 2025

                       Arising Out of PS. Case No.-260 Year-2025 Thana- KATORIYA District- Banka
                 ======================================================
                 Devendra Yadav, Aged about- 35 years, Gender-Male, Son of Vipat Yadav,
                 Resident of Village- Damodara, P.O.- Kamdeodih, P.S.- Katoriya, District-
                 Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   18-02-2026                          Heard Mr. Dhananjay Kumar Pandey, learned

                   counsel appearing on behalf of the petitioner and Mr. Pramod

                   Kumar Pandey, 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.
              Patna High Court CR. MISC. No.9670 of 2026(2) dt.18-02-2026
                                                          2/2




                                     3. The modification application stands disposed of

                        with aforesaid liberty.



                                                  (Purnendu Singh, J)
Niraj/-

U         T

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