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Patna High Court

Bikash Yadav @ Bikash KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The revision petition is dismissed as withdrawn, with liberty to the petitioners to seek appropriate relief in the proper forum.

Summary

The petitioners, a group of individuals from Munger and Lakhisarai districts, filed a criminal revision petition challenging the police attachment of their house, which they alleged was beyond the order of the learned I/C Chief Judicial Magistrate dated 28.07.2025. The order of the trial court had limited attachment to specific portions of the house belonging to absconding accused under Section 84 of the BNSS. The petitioners sought permission to withdraw the revision petition, stating they would pursue appropriate remedies in the proper forum. The learned counsel argued that the police acted beyond the scope of the magistrate's order. The court, after considering the petitioners' request, dismissed the revision petition as withdrawn, granting them liberty to approach the appropriate forum for any further relief. The judgment thus upholds the procedural propriety of withdrawing a pending revision petition.

Issues considered

  • Whether the police attachment of the petitioners' house exceeded the scope of the order passed by the I/C Chief Judicial Magistrate dated 28.07.2025.
  • Whether the revision petition may be withdrawn at the petitioners' request and what consequences follow.

Subjects

  • Police attachment
  • Section 84
  • BNSS
  • Revision petition
  • Withdrawal of petition
  • Criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL REVISION No.838 of 2025
                    Arising Out of PS. Case No.-119 Year-2025 Thana- KASIMBAZAR District- Munger
                 ======================================================
           1.     Bikash Yadav @ Bikash Kumar Son of Nand Kishor Yadav Resident of
                  South Shastri Nagar, P.S.- Kasim Bazar, District- Munger
           2.    Bibhishan Kumar Son of Ramji Yadav Resident of village- Hasanganj, P.S.-
                 Safiyabad, district- Munger
           3.    Babita Kumari Wife of Praveen Kumar, D/o Nand Kishor Yadav Resident of
                 village- Nista, P.S.-Surayagarha, District - Lakhisarai
           4.    Sanjay Kumar @ Saroj Kumar Son of Ashok Kumar Resident of Khaira,
                 P.S.-Kharagpur, District-Munger
           5.    Nand Kishor Yadav Son of Late Lakhi Yadav Resident of village- Nista,
                 P.S.-Surayagarha, District- Lakhisarai

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Patna
           2.    The Superintendent of Police, Munger
           3.    The D.S.P., Munger Sadar, Munger
           4.    The S.H.O. Kasim Bazar, Munger
           5.    The Circle Officer, Munger Sadar, Munger
           6.    The I.O. Kasim Bazar P.S. Case no. 119/2025 Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Vipin Kumar, Advocate
                 For the Respondent/s   :        Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

7   18-02-2026                 The learned counsel for the petitioners submits that

                   during the pendency of this revision petition, the police

                   authorities acting beyond the order dated 28.07.2025 passed by

                   the learned I/c Chief Judicial Magistrate, Munger attached the

                   house of this petitioner. Though the order of the learned trial

                   court was very much clear that only the houses and portions in
           Patna High Court CR. REV. No.838 of 2025(7) dt.18-02-2026
                                                        2/2




                     possession of absconding accused Pappu Yadav (Rakesh Kumar

                     Ranjan) and Gautam Kumar, as shown in the IO’s letter dated

                     26.07.2025, were ordered to be attached under Section 84 of

                     BNSS. Therefore, the petitioners do not want to press the

                     present revision petition and seek permission to withdraw the

                     present petition with liberty to take appropriate steps in

                     appropriate proceeding.

                                  2. Having regard to the prayer, the present revision

                     petition is dismissed as withdrawn with liberty to the petitioners

                     to have recourse of law in appropriate proceeding in appropriate

                     forum.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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