Patna High Court

Pankaj KumarversusThe State of Bihar, through the Principal Secretary Home Department, Govt. of Bihar, Patna.

Decided: 13 January 2026
Disposal: CONVERTED
Bench: ARUN KUMAR JHA

Holding

The court granted permission to convert the petition into a criminal miscellaneous petition under Section 528 of the B.N.S.S.

Summary

Petitioner Pankaj Kumar filed a petition before the Patna High Court seeking to convert the pending petition into a criminal miscellaneous petition under Section 528 of the B.N.S.S. The petitioner’s counsel requested the court’s permission for this conversion. The court examined whether it had the jurisdiction to allow such a conversion under the specified statutory provision. It held that the conversion was permissible and granted the requested permission. The court directed the petitioner’s counsel to effect the conversion within two weeks and instructed the office to extend full cooperation.

Issues considered

Whether the High Court may permit conversion of the present petition into a criminal miscellaneous petition under Section 528 of the B.N.S.S.

Legislation cited

B.N.S.S. — s. 528

Subjects

criminal procedure
petition conversion
Section 528
criminal miscellaneous petition
High Court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.2883 of 2025
                          Arising Out of PS. Case No.-45 Year-2025 Thana- FCI District- Begusarai
                 ======================================================
                 Pankaj Kumar S/O Vishundev Yadav Resident of Village- Pirnagra(Pirnagar)
                 Ward No. 13, P.S.- Beldaur, District- Khagaria

                                                                                      ... ... Petitioner/s

                                                         Versus


           1.    The State of Bihar, through the Principal Secretary Home Department, Govt.
                 of Bihar, Patna. Patna
           2.    The Union of India, through the Director General of Narcotics Control
                 Bureau (NCB), Patna.
           3.    The District Magistrate Cum-Collector, Begusarai.
           4.    The Superintendent of Police, Begusarai.
           5.    The District Transport Officer, Begusarai.
           6.    The S.H.O of F.C.I P.S, Dist-Begusarai.
           7.    The investigating officer in F.C.I P.S, case No - 45/2025. Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Shekhar Kumar Singh, Advocate
                 For Union of India       :         Mr. Aarsh Kumar, CGC
                 For the State            :         Mr. Raghwendra Kumar, SC-22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   13-01-2026                   Learned counsel for the petitioner seeks permission to

                   convert the present petition into criminal miscellaneous petition

                   under Section 528 of B.N.S.S.

                                 2. Permission is accorded.

                                 3. Learned counsel for the petitioner is directed to

                   convert the present petition into criminal miscellaneous petition

                   under Section 528 of B.N.S.S. within two weeks.
            Patna High Court CR. WJC No.2883 of 2025(2) dt.13-01-2026
                                                        2/2




                                  4. Office is directed to extend all cooperation towards

                      conversion.


                                                (Arun Kumar Jha, J)

    DKS/-

U

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