Patna High Court
RAKESH KUMAR @ KRISHNA RAMversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The writ court should not interfere with the police and Judicial Magistrate's jurisdiction to decide on arrest; the petition is disposed.
Summary
The petitioner, Rakesh Kumar, filed a writ petition seeking a court order directing the police to apprehend accused persons Nos. 6‑14, alleging they were terrorising him, his family and witnesses in a criminal case (Mali PS Case No. 59 of 2019). The High Court examined whether a writ court can intervene in the police's and Judicial Magistrate's discretion to arrest accused after an FIR is lodged. The Court held that the police and the concerned Judicial Magistrate are the competent authorities to decide on arrest and that the writ court should not encroach upon their jurisdiction. It directed the petitioner to move an application before the Judicial Magistrate for appropriate relief. Consequently, the petition was disposed without any order directing the police to apprehend the accused.
Issues considered
- Whether the High Court, exercising writ jurisdiction, can direct the police to apprehend accused persons in an ongoing criminal case.
- Whether the writ court may interfere with the jurisdiction of the police and the Judicial Magistrate concerning arrest.
Subjects
- writ jurisdiction
- police powers
- arrest
- criminal procedure
- judicial magistrate
- non‑interference
- petition disposed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1737 of 2019
Arising Out of PS. Case No.-59 Year-2019 Thana- MALI District- Aurangabad
======================================================
Rakesh Kumar @ Krishna Ram S/O Late Ganesh Ram R/o Village- Kolh
Manjhauli, P.S.- Mali, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Aurangabad
3. The Superintendent of Police, Aurangabd.
4. The Sub - Divisional Officer, Aurangabad
5. The Officer - In- Charge of Police, Mali Police Station- District-
Aurangabad
6. Sheopujan Singh Son of Late Yadu Singh Resident of Village- Kolth
Manjhauli, P.S.- Mali, District- Aurangabad.
7. Raj Mohan Singh Son of Late Yadu Singh Resident of Village- Kolth
Manjhauli, P.S.- Mali, District- Aurangabad.
8. Jag Mohan Singh Son of Late Yadu Singh Resident of Village- Kolth
Manjhauli, P.S.- Mali, District- Aurangabad.
9. Mardul Singh Son of Sheopujan Singh Resident of Village- Kolth
Manjhauli, P.S.- Mali, District- Aurangabad.
10. Sanyog @ Sanjay Singh Son of Sheopujan Singh Resident of Village- Kolth
Manjhauli, P.S.- Mali, District- Aurangabad.
11. Santosh Kumar Singh Son of Raj Mohan Singh Resident of Village- Kolth
Manjhauli, P.S.- Mali, District- Aurangabad.
12. Raushan Kumar Singh Son of Raj Mohan Singh Resident of Village- Kolth
Manjhauli, P.S.- Mali, District- Aurangabad.
13. Ravi Kumar Singh S/o Late Prasad Singh Resident of Village- Kolth
Manjhauli, P.S.- Mali, District- Aurangabad.
14. Ashok Kumar S/o Surydev Yadav Resident of Village- Lahiya, P.S.- Mali,
District- Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Udit Narain Singh, Advocate.
For the State : Mr. Sheo Shankar Prasad, SC-8
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 31-01-2026 Present writ petition has been filed for writ order or
Patna High Court CR. WJC No.1737 of 2019(3) dt.31-01-2026
2/2
direction to the respondent Police authority to apprehend the
respondent Nos. 6-14 who are accused in Mali P.S. Case No. 59
of 2019 and they are terrorizing and threatening the petitioner,
his family members and other witnesses of the case.
2. However, it goes without saying that as per the
alleged facts and circumstances, it is the Police and the
concerned Judicial Magistrate who are competent to decide
what to do with the accused where FIR has been lodged. It
should not be proper for the writ court to interfere in the
jurisdiction of the Police and learned Judicial Magistrate
regarding arrest of the accused in the Police case lodged as
above.
3. The petitioner can move an application before
learned Judicial Magistrate with appropriate prayer and if such
application is moved by the petitioner before learned Judicial
Magistrate, he may take steps as per law.
4. Accordingly, the present petition stands disposed
of.
(Jitendra Kumar, J)
S.Ali/-
U T
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