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Patna High Court

BHOLA PRASAD YADAVversusThe State of Bihar through Director General of Police, Bihar, Patna

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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
Patna High Court CR. WJC No.1403 of 2023(2) dt.16-01-2026
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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
Patna High Court CR. WJC No.1403 of 2023(2) dt.16-01-2026
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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.
           Patna High Court CR. WJC No.1403 of 2023(2) dt.16-01-2026
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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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