ANKESH KUMAR SINGHversusThe State of Bihar through the Home Secretary, Old Secretariat, Patna.

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No. 132 of 2020
                       Arising Out of PS. Case No.-47 Year-2017 Thana- TAJPUR District- Samastipur
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                  Ankesh Kumar Singh, Son of Ram Sevak Singh, Resident of Village-
                  Ashrafpur Supaul, P.S.- Patori, District- Samastipur.

                                                                                      ... ... Petitioner
                                                 Versus
            1.    The State of Bihar through the Home Secretary, Old Secretariat, Patna.
                  Bihar.
            2.    The Director General of Police, Patel Bhawan, Bailey Road, Patna.
            3.    The Superintendent of Police, Samastipur, District- Samastipur.
            4.    The Thana Incharge, Thana Patori, District- Samastipur.
            5.    The Thana Incharge, Thana Tajpur, District- Samastipur.
            6.    Hari Narayan Singh, A.S.I. cum I.O. Tajpur Thana, District- Samastipur.
                  Samastipur.
            7.    The Registrar General, Patna High Court, Patna.
            8.    The District and Session Judge, Civil Court, Samastipur, District-
                  Samastipur.
            9.    The Additional Chief Judicial Magistrate, Civil Court, Samastipur.
                  Samastipur.

                                                            ... ... Respondents
                  ======================================================
                  Appearance :
                  For the Petitioner              :        Mr. Chandra Bhushan Verma, Advocate
                  For the Respondent No. 1 to 5 :          Mr. Anil Kumar, A.C. to S.C.-8
                  For the Respondent No.6         :        Mr. Shivendra Kumar Sinha, Advocate
                  For the Respondent No. 7, 8 & 9 :        Ms. Surya Nilambari, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                        ORAL ORDER

18   30-01-2026             The present Criminal Writ Petition has been preferred by

                    the Petitioner for the issuance of writ, order or direction to the

                    concerned Respondent Authorities to take action against the

                    Additional Chief Judicial Magistrate, Civil Court Samastipur,

                    for issuance of warrant against the Petitioner as well as the

                    Officer Incharge of Patori Police Station as well as the Officer
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          Incharge of Tajpur Police Station, who had filed application

          before learned Additional Chief Judicial Magistrate, Civil Court,

          Samastipur for warrant against the Petitioner, whereas, this

          Court had already granted anticipatory bail to the Petitioner on

          05.01.2018 and the bail bond was accepted on 23.01.2018 by

          learned Additional Chief Judicial Magistrate, Civil Court

          Samastipur. The Petitioner is also seeking Rs.50,00,000/- as

          compensation on account of illegal detention from 30.07.2018

          to 31.07.2018.

                  2. Heard learned counsel for the Petitioner and learned

          counsel for the Respondents.

                  3. Learned counsel for the Petitioner submits that in

          Tajpur P.S. Case No.47 of 2017, registered for the offence

          punishable under Section 387 of the Indian Penal Code, the

          Petitioner had got anticipatory bail vide order dated.05.01.2018,

          passed by this Court and in pursuance of the anticipatory bail,

          he submitted his bail bond on 23.01.2018. However, on

          30.05.2018, N.B.W was issued against the Petitioner on petition

          by the police and he was arrested on 30.07.2018 by the police of

          Patori Police Station and he was released on 31.07.2018. He

          further submits that there was no reason to issue the N.B.W.

          against the Petitioner nor was any reason for the police to file
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          any application for issuance of N.B.W. Hence, the N.B.W. was

          illegally issued and the police had illegally arrested the

          Petitioner. Hence, he is not only entitled to get compensation,

          but even administrative action is required to be taken against the

          concerned Judicial Officer as well as the Police Official.

                  4. However, learned counsel for the Respondent No.1 to

          5, Mr. Anil Kumar, A.C. to S.C.-8, learned counsel for the

          Respondent No.6, Mr. Shivendra Kumar Sinha, Advocate and

          Ms. Surya Nilambari, Advocate, learned counsel for the

          Respondent No.7, 8 and 9 submit that the said N.B.W. issued

          against the Petitioner          by the concerned Judicial Officer on

          30.05.2018 on petition by the police and the order whereby the

          N.B.W. was issued against the Petitioner was never challenged

          by the Petitioner, and hence, the arrest of the Petitioner in

          pursuance of the said N.B.W., cannot be held to be an illegal

          detention. If the Petitioner was aggrieved by the N.B.W., he

          should have preferred appropriate application against the said

          N.B.W. before competent Court and only after setting aside of

          the order whereby N.B.W. was issued, the Petitioner could have

          come to this Court for compensation or any action against the

          concerned police officer or Judicial Magistrate.

                  5. I agree with learned counsel for the High Court as well
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                      as learned counsel for the State, in view of the fact that the order

                      whereby N.B.W was issued was never challenged by the

                      Petitioner. Hence, the arrest in pursuance of the said N.B.W.

                      cannot be said to be illegal.

                              6. Hence, the present petition is dismissed.

                              7. However, the Petitioner is at liberty to move

                      appropriate application before the competent Court against the

                      order whereby N.B.W. was issued and only, thereafter, he can

                      file any appropriate application as per legal advice.

                              8. L.C.R be sent back to the concerned Court forthwith.



                                                                         (Jitendra Kumar, J.)
Chandan/-

U     T