Patna High Court
BHOLA PRASAD YADAVversusThe State of Bihar through Director General of Police, Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that it cannot direct the arrest of respondents where the investigation concluded no involvement, and the petitioner must seek any further investigation through the appropriate criminal proceedings.
Summary
Bhola Prasad Yadav filed a writ petition seeking a direction to the police to arrest three respondents (Siyaram Yadav, Vidyanand Yadav and Rajkumar Yadav) alleged to have been involved in the firing that caused his son’s death. The petitioner alleged that the Station House Officer and Investigating Officer failed to act and that the investigation was not properly conducted. The State contended that the police investigation and charge‑sheet concluded that there was no material linking the three respondents to the offence. The Court held that, since the final supervision report found no evidence of their involvement, it could not order their arrest and directed the petitioner to approach the trial court for any further investigation. The Court also directed the State to ensure protection for the petitioner and his family under the District Security Committee or the Witness Protection Scheme. Consequently, the writ petition was disposed.
Issues considered
- Can a High Court issue a writ directing police to arrest individuals when the investigation has found no material linking them to the alleged offence?
- Whether the petitioner may claim that the investigation was improper and seek a court‑ordered further investigation?
Subjects
- writ petition
- arrest
- police investigation
- criminal procedure
- witness protection
- district magistrate
- supervision report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1403 of 2023
Arising Out of PS. Case No.-873 Year-2020 Thana- SUPAUL District- Supaul
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Bhola Prasad Yadav S/O Late Ramkishun Yadav Vill Supaul Nagar Parishad
Ward No 28 Ps Supaul Dist Supaul.
... ... Petitioner
Versus
1. The State of Bihar through Director General of Police, Bihar, Patna Bihar
2. The Inspector General of Police, Koshi Region, Saharsa Bihar
3. The Deputy Inspector General of Police, Koshi Region, Saharsa Bihar
4. The District Magistrate, Supaul Bihar
5. The Superintendent of Police, Supaul Bihar
6. The Station House Officer, Supaul, P.S. - Supaul Bihar
7. Investigating Officer, Supaul P.S., Supaul Bihar
8. Siyaram Yadav Son of Dashrath Yadav Resident of village - Supaul Nagar
Parishad, ward no. 28, P.s. - Supaul, Distt. - Supaul
9. Vidyananad Yadav Son of Siyaram Yadav Resident of village - Supaul Nagar
Parishad, ward no. 28, P.s. - Supaul, Distt. - Supaul
10. Rajkumar Yadav Son of Siyaram Yadav Resident of village - Supaul Nagar
Parishad, ward no. 28, P.s. - Supaul, Distt. - Supaul
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Yadav, Advocate
For the Respondent/s : Mr. Iqbal Asif Niazi, AC to GP-5
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 16-01-2026 Heard the learned counsels for the respective parties.
2. The present writ petition has been filed for issuance
of appropriate writ/direction to the respondents-authorities for
discharging their statutory duties in connection with Supaul P.S.
Case No. 873 of 2020 which was lodged by the petitioner
against respondent nos. 8 to 10 and other co-accused persons
and seeking further direction to apprehend and arrest the
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accused persons namely respondent nos. 8 to 10.
3. Learned counsel for the petitioner submits that the
petitioner as informant, an eye witness, instituted Supaul P.S.
Case No. 873 of 2020 against respondent nos. 8 to 10 and one
more co-accused person along with four unknown persons. The
son of the petitioner died in the firing made by the FIR named
persons and four unknown persons. The respondent nos. 6 and
7, who are the Station House Officer, Supaul P.S. and
Investigating Officer of the case, respectively, are not taking any
interest and have not arrested the respondent nos. 8 to 10 and
the petitioner and his family members are in continuous fear of
life.
4. Learned counsel appearing on behalf of the
respondents-State submits that the matter was investigated by
the police and charge-sheet has been submitted against one
Shambhu Yadav, who was named in the FIR, and other co-
accused persons, who were not named in the FIR, namely
Subodh Yadav, Pawan Pandit, Gajendra Pandit, Panchanand Das
@ Pancha Das, Pramod Das, Saroj Yadav and Sudhir Singh.
Learned counsel further submits that, however, even after
investigation, the involvement of the respondent nos. 8, 9 and
10 was not found in the case and, therefore, there was no
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occasion for arresting these respondents.
5. At this stage, learned counsel for the petitioner
submits that in the report of Investigating Officer as well as in
the first supervision note, respondent nos. 8, 9 and 10 were
found involved. However, when the final supervision note was
submitted, the complicity of respondent nos. 8, 9 and 10 was not
found, as there was no material showing their involvement came
into light. Learned counsel further submits that it shows the
matter has not been properly investigated.
6. Having regard to the facts and circumstances of the
case and rival submission of the parties, since the petitioner
approached this Court with a prayer seeking direction to
respondents-State to apprehend the respondent nos. 8, 9 and 10
and their involvement was not found after investigation, this
Court cannot direct for arrest to the respondent nos. 8, 9 and 10.
So far as claim of learned counsel for the petitioner about no
proper investigation being made in the case is concerned, he is
at liberty to have recourse of law in appropriate proceeding for
redressal of his grievance and can move before the learned trial
court seeking further investigation in the matter.
7. Accordingly, the present writ petition stands
disposed of.
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8. At the same time, the respondents-State are directed
to ensure proper protection of the petitioner and his family
members since it has also been prayed that there has been
apprehension to their lives. The petitioner can move for such
protection before the District Security Committee or even under
the Witness Protection Scheme.
(Arun Kumar Jha, J)
Ashish/-
U
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