Patna High Court
SANTOSH KUMAR @ DEV RATNAversusTHE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME GOVERNMENT OF BIHAR, PATNA
- Decided
- Disposal
- WITHDRAWN
- Bench
- ARUN KUMAR JHA
Holding
The writ petition is not maintainable and is dismissed as withdrawn.
Summary
Santosh Kumar filed a criminal writ petition in the Patna High Court seeking police protection. The petitioner’s counsel, relying on a recent Supreme Court judgment (Criminal Appeal No. 5140 of 2025 arising out of SLP (Crl.) No. 14931 of 2025), argued that the writ petition was not maintainable. The Court, after considering the Supreme Court’s observations, granted permission to withdraw the petition. The petition was dismissed as withdrawn, with liberty to approach the Court again if a favorable civil order arises. No substantive merits of the underlying dispute were addressed.
Issues considered
- Whether the criminal writ petition is maintainable in view of the Supreme Court’s decision in Criminal Appeal No. 5140 of 2025.
Subjects
- criminal writ jurisdiction
- maintainability
- withdrawal of petition
- police protection
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1284 of 2023
Arising Out of PS. Case No.- Year-0 Thana- District- Patna
======================================================
Santosh Kumar @ Dev Ratna, Son of Lala Prasad @ Lala Gope Resident of
village - Chhoti Pahari, Jakariyapur, P.O. - Bari Pahari, P.S. - Agamkuan,
Distt. - Patna
... ... Petitioner/s
Versus
1. The State Of Bihar, Through The Principal Secretary, Department Of Home
Government Of Bihar, Patna Bihar
2. The Director General Of Police, Bihar, Patna Bihar
3. The Additional Chief Secretary, Department Of Revenue And Land
Reforming, Bihar, Patna Bihar
4. The Divisional Commissioner, Patna Bihar
5. District Magistrate, Patna Bihar
6. The Senior Superintendent Of Police, Patna Bihar
7. The Additional Collector, Patna Bihar
8. The Sub-Divisional Officer, Patna Bihar
9. The D.C.L.R. Sadar, District- Patna Bihar
10. The Circle Officer, Sadar, District- Patna Bihar
11. The Dy. S.P., Sadar, District- Patna Bihar
12. The S.H.O. Agamkuan Police Station, District- Patna Bihar
13. The S.H.O. Ram Krishna Nagar Police Station, District- Patna Bihar
14. Preman Yadav Son Of Late Basudeo Gope @ Bhakhauri Pahalwan Resident
Of Village- Chhoti Pahari Jakariyapur, Po- Bari Pahari, Ps- Agamkuan,
District- Patna
15. Vipal Gole Son Of Preman Yadav Resident Of Village- Chhoti Pahari
Jakariyapur, Po- Bari Pahari, Ps- Agamkuan, District- Patna
16. Golu @ Abhinav Son Of Late Awadhesh Prasad Resident Of Village- Chhoti
Pahari Jakariyapur, Po- Bari Pahari, Ps- Agamkuan, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra, Advocate
For the Respondent/s : Mr. Deepak Kumar, AC to GP-4
Md. Helal Ahmad, Advocate
Md. Tahmeed Helal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
11 09-01-2026 The learned counsel for the petitioner submits that in
Patna High Court CR. WJC No.1284 of 2023(11) dt.09-01-2026
2/2
the light of the orders of the Hon’ble Supreme Court dated
01.12.2025 passed in Criminal Appeal No. 5140 of 2025, arising
out of SLP (Crl.) No. 14931 of 2025 wherein it has been
observed that the present writ petition is not maintainable, he
seeks permission to withdraw the present petition with liberty to
approach this Court in case any positive order in the civil
proceedings warranting police protection arises in favour of the
petitioner.
2. Permission is accorded.
3. Accordingly, the present writ petition is dismissed
as withdrawn with the liberty as aforesaid.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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