Patna High Court

Lalan PrasadversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna.

Decided: 17 January 2026
Disposal: CONVERTED
Bench: ARUN KUMAR JHA

Holding

Permission is accorded to convert the present criminal writ petition into a petition/application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Lalan Prasad, filed an interlocutory application seeking to challenge a revision order passed by the Additional Sessions Judge, Patna, which disposed of his revision petition against an SDM order dated 11.01.2025. He requested permission to convert the pending criminal writ petition into a petition/application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The High Court examined whether such conversion is permissible in the present circumstances. The Court granted the petitioner's request, directing that the conversion be effected within two weeks. The Office was instructed to cooperate with the petitioner's counsel for the conversion.

Issues considered

Whether the criminal writ petition can be converted into a petition/application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether permission may be granted to challenge the revisional court's order through the BNSS mechanism.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528

Subjects

criminal writ petition
interlocutory application
revision petition
Section 528
Bharatiya Nagarik Suraksha Sanhita
conversion of petition
procedural law
High Court order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Writ Jurisdiction Case No.1858 of 2025
                   Arising Out of PS. Case No.- Year-0 Thana- District- Patna
     ======================================================
     Lalan Prasad S/o Late Indradeo Yadav R/o Mohalla- Mahavir Nagar, P.S.-
     Beur, District- Patna (Bihar)

                                                                         ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
     Bihar
2.   The Additional Chief Secretary Land Reform Department, Government of
     Bihar, Patna. Bihar
3.   The Commissioner, Patna Division, Patna. Bihar
4.   The District Magistrate, Patna (Bihar). Bihar
5.   The Sub- Divisional Officer, Patna Sadar Patna - Cum-S.D.M. Daudnagar,
     Patna (Bihar). Bihar
6.   The Deputy Superintendent of Police, Patna. Bihar
7.   The Anchal Adhikari, Patna Sadar (Area Gardanibag, Patna). Bihar
8.   The S.H.O., Beur, Patna. Bihar
9.   Manish Kumar S/o Late Radhey Ram Resident of Village/Mohalla -
     Mahavir Colony, Vidyapati Marg, Road No. 2, P.S.- Beur, District - Patna
     (Bihar).
10. Upendra Sharma S/o Late Bundi Mistri Resident of Village/Mohalla -
    Mahavir Colony, Vidyapati Marg, Road No. 2, P.S.- Beur, District - Patna
    (Bihar).
11. Shatrughan Prasad S/o Late Ram Laxman Prasad Resident of
    Village/Mohalla - Mahavir Colony, Vidyapati Marg, Road No. 2, P.S.- Beur,
    District - Patna (Bihar).
12. Meena Devi W/o Devi Dayal Prasad Resident of Village/Mohalla - Mahavir
    Colony, Vidyapati Marg, Road No. 2, P.S.- Beur, District - Patna (Bihar).
13. Sanni Kumar S/o Madheshwar Paswan Resident of Village/Mohalla -
    Mahavir Colony, Vidyapati Marg, Road No. 2, P.S.- Beur, District - Patna
    (Bihar).
14. Rahul Kumar S/o Deepak Kr. Singh Resident of Village/Mohalla - Mahavir
    Colony, Vidyapati Marg, Road No. 2, P.S.- Beur, District - Patna (Bihar).
15. Ravi Raushan Das S/o Anil Kumar Das Resident of Village/Mohalla -
    Mahavir Colony, Vidyapati Marg, Road No. 2, P.S.- Beur, District - Patna
    (Bihar).

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr.Mukul Jee, Advocate
     For the Respondent/s   :         Mr.G.P.26
         Patna High Court CR. WJC No.1858 of 2025(2) dt.17-01-2026
                                                        2/3




                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-01-2026                    The learned counsel for the petitioner submits that

                   yesterday an interlocutory application has been filed online as

                   well as offline in the office.

                               2. Office is directed to place on record the said

                   interlocutory application.

                               3. By filing interlocutory application, the petitioner

                   has submitted that against the order dated 11.01.2025 passed by

                   the court of SDM, Patna Sadar, which is under challenge before

                   this Court, the petitioner has also preferred revision before the

                   learned Sessions Judge, Patna and the said revision petition has

                   been disposed of by the learned Additional Sessions Judge-13,

                   Patna. Therefore, the petitioner wants to challenge the order of

                   revisional court in appropriate proceeding and seeks permission

                   to   convert        the    instant     criminal   writ    petition     into   a

                   petition/application under Section 528 of the Bharatiya Nagarik

                   Suraksha Sanhita, 2023 (BNSS).

                               4. Permission is accorded.

                               5. Learned counsel for the petitioner is directed to

                   convert       the         present      criminal    writ     petition      into

                   petition/application under Section 528 of BNSS, within two

                   weeks.
          Patna High Court CR. WJC No.1858 of 2025(2) dt.17-01-2026
                                                      3/3




                                6. The office is directed to extend all cooperation to

                    the learned counsel for the petitioner towards conversion.



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

U

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