Patna High Court

VIJAY KUMARversusTHE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPTT. OF HOME, GOVT. OF BIHAR, PATNA

Decided: 12 January 2026
Disposal: DISMISSED
Bench: JITENDRA KUMAR

Holding

The petition is dismissed as the court cannot restrain police from registering cases or remanding the accused and the filing constitutes an abuse of process.

Summary

Vijay Kumar, a Deputy Controller of Explosives, filed a criminal writ petition in the Patna High Court challenging his arrest and subsequent remand by police and a judicial magistrate. The petitioner admitted that he had never previously contested the remand order, rendering the challenge untenable. The Court noted that a similar petition filed earlier (Cr. Writ Jurisdiction Case No. 1769 of 2017) had been dismissed on the ground that the court cannot restrain police from registering cases or remanding accused. Consequently, the present petition was held to be a gross abuse of the court’s process. The High Court dismissed the petition and imposed a cost of Rs 5,000 on the petitioner to deter frivolous filings.

Issues considered

Can a criminal writ petition be entertained when the petitioner has not previously challenged the remand order?
Does the High Court have the power to restrain police from registering a case or remanding an accused?
Is the filing of the petition an abuse of the court’s process?

Subjects

criminal writ
illegal arrest
remand
abuse of process
high court jurisdiction
police powers

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.1337 of 2021
                       Arising Out of PS. Case No.-368 Year-2017 Thana- SIWAN CITY District- Siwan
                  ======================================================
                  Vijay Kumar Son of Late Swami Nath Prasad Resident of Flat- FF2,
                  Ravipurta Apartment, Srinagar, Gajuwaka, Vishakhapatnam, Andhra Pradesh,
                  having hometown at village- Tekari, Police Station- Hussain Ganj, District-
                  Siwan at present posted as Deputy Controller of Explosives, PESO,
                  Department of Industrial Policy and Promotion Explosives Section, Govt. of
                  India, Ministry of Commerce and Industries (formerly Department of
                  Explosives) residing at House No.126, Block 16, CPWD Quarters, Indira
                  Nagar, Chennai, Tamil Nadu.
                                                                             ... ... Petitioner/s
                                                    Versus
            1.     The State Of Bihar Through The Principal Secretary, Deptt. Of Home, Govt.
                   Of Bihar, Patna Bihar,
            2.    The Director General Of Police, Bihar, Patna
            3.    The Inspector General Of Police, Saran Range
            4.    The Registrar General, Patna High Court, Patna
            5.    The Deputy Inspector General Of Police, Saran Range
            6.    The Superintendent Of Police, Siwan
            7.    Sri Ravikant Dubey, the then A.S.I., Siwan Town Police Station, Siwan
            8.    Sri Subodh Kumar, the then S.H.O., Siwan Town Police Station, Siwan
            9.    The S.H.O., Hussenganj Police Station, Bihar Bihar
                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :        Mr. Ankit Katriar, Advocate.
                  For the State           :        Mr. Iqbal Asif Niazi, AC to GP-5
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                        ORAL ORDER

10   12-01-2026                     The present Cr. writ petition has been preferred by

                    the petitioner against the Police authorities as well as Judicial

                    Magistrate and Principal District and Sessions Judge, Siwan,

                    being aggrieved by allegedly illegal arrest and remand.

                                  2. However, on query, learned counsel for the

                    petitioner admits that he has never challenged the remand order.

                    As such, remand of the accused after arrest being not
          Patna High Court CR. WJC No.1337 of 2021(10) dt.12-01-2026
                                                      2/2




                    challenged, arrest and remand stand legal as of now. As such,

                    there was no occasion for the petitioner to challenge the arrest

                    by the Police and remand by the Judicial Officer in Criminal

                    writ jurisdiction.

                                3. Moreover, learned counsel for the State brings to

                    the notice of this Court that even earlier similar Cr. Writ

                    Jurisdiction Case No. 1769 of 2017 was filed by the present

                    petitioner in this Court and same was dismissed vide order dated

                    26.04.2023 holding that the Court cannot restrain the authorities

                    from registering cases or remanding the accused. As such, the

                    present petition is a gross abuse of the process of the court.

                                4. Hence, the present writ petition is dismissed with

                    cost of Rs.5,000/- imposed against the petitioner so that such

                    frivolous Cr. Writ petition is not filed. The Court is already

                    overburdened with heavy backlog of the cases. This amount

                    must be deposited by the petitioner in the Patna High Court

                    Legal Services Committee under the head “Legal Aid” within

                    one month from today.




                                                               (Jitendra Kumar, J)
S.Ali/-
U

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