Patna High Court
Rajendra SinghversusThe State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
Holding
The Patna High Court held that it lacks jurisdiction over the FIR filed in Arunachal Pradesh and, since the detained person had already been recovered, the writ petition could not be entertained.
Summary
The petitioner Rajendra Singh filed a writ of habeas corpus and an interlocutory application seeking quashing of a notice issued under section 179 of the B.N.S. Act and alleging a false FIR and illegal detention of his son Sunny Kumar Singh by respondents 14 and 15. The State contended that the FIR (case no.13/2025) falls within the territorial jurisdiction of Arunachal Pradesh, not Bihar, and therefore the Patna High Court lacks jurisdiction. The court noted that the corpus, Sunny Kumar Singh, had already been recovered, a fact not disputed by the petitioner. Accordingly, the court held that no further relief could be granted and disposed of both the interlocutory application and the writ petition. The court directed the petitioner to approach the competent court having jurisdiction for any further redress.
Issues considered
- Whether the Patna High Court has jurisdiction to entertain a petition concerning an FIR filed in Arunachal Pradesh under the B.N.S. Act.
- Whether the notice issued under section 179 of the B.N.S. Act can be quashed.
- Whether habeas corpus relief is appropriate when the detained person has already been recovered.
Legislation cited
- B.N.S., 2023 — s. 179, 208, 316(4)
Subjects
- jurisdiction
- habeas corpus
- false FIR
- illegal detention
- quashing notice
- B.N.S. Act
- special investigation team
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2317 of 2025
======================================================
Rajendra Singh Son of Late Satya Narayan Singh Resident of Village - Sikti,
Khanjaha Tola, Pachrukhwa, P.S.- Mashrakh, District - Saran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
Bihar
2. The Secretary, Department of Home, Government of Bihar, Patna. Bihar
3. The Director General of Police, Bihar, Patna. Bihar
4. The Inspector General of Police, Bihar, Patna. Bihar
5. The Deputy Inspector General of Police, Saran Division, Saran at Chapra.
Bihar
6. The Superintendent of Police, Saran, District - Saran at Chapra. Bihar
7. The Deputy Superintendent of Police, Marhaura - 2, Mashrakh, Saran,
District - Saran at Chapra. Bihar
8. The Station House Officer-cum-Officer In-Charge, P.S.- Mashrakh, District -
Saran at Chapra. Bihar
9. The Secretary, Ministry of Home Affairs, Government of India, New Delhi.
New Delhi
10. The Chairman, Human Rights Commission, Arunachal Pradesh, Itanagar.
Arunachal Pradesh
11. The Director General of Police, Arunachal Pradesh, Itanagar. Arunachal
Pradesh
12. The Superintendent of Police, Kurung Kumey (Arunachal Pradesh).
Arunachal Pradesh
13. The Station House Officer-cum-Officer In-Charge, P.S.- Koloriang, District -
Kurung Kumey Arunachal Pradesh
14. Abhishek Kumar Singh Son of Sunil Singh Originally Resident of Village -
Nawada, P.O.- Sahwan, P.S.- Isuapur, District - Saran at Chapra and
presently working as Manager, Bharat Petroleum Auto-Energy Station,
Koloriang, P.S.- Koloriang, District - Kurung Kumey (Arunachal Pradesh).
15. Sunil Singh Son of Ramadhar Singh Resident of Village - Nawada, P.O.-
Sahwan, P.S.- Isuapur, District - Saran at Chapra and presently residing at
Koloriang, P.S.- Koloriang, District - Kurung Kumey (Arunachal Pradesh).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Nityanand Mishra, Advocate
Ms. Diksha Kumari, Advocate
Mr. Alok Abhinav, Advocate
For the Respondent Nos. 11,12,13: Mr. Ajay Kumar Thakur, Advocate
Patna High Court CR. WJC No.2317 of 2025(5) dt.10-02-2026
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Mrs. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the State : Mr. Prabhu Narayan Sharma, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 10-02-2026 Re: I.A. No. 01 of 2026
An Interlocutory Application, being I.A. No. 01/2026,
has been filed seeking the following relief:-
“(f) For quashing of the Notice issued
vide Reference No. KLG P.S. Case No. 13/2025 U/S
316(4) BNS, 2023 dated 28.10.2025 issued by the
Officer In-Charge, Police Station- Koloriang,
Kurung Kumey District (A.P.) (Respondent No. 13),
whereby and where under the Respondent No. 13
has sent Notice U/S 179 BNSS, 2023 to the
petitioner along with sons namely Niraj Kumar
Singh and Montu Kumar Singh and Son-in-law of
Sh. Rajendra Singh namely Manu Kumar Singh for
physical appearance to depose statements etc., in
connection with so-called Koloriang P.S. Case No.
13/2025, failing which the Respondent No. 13 may
take legal action against them under section 208 of
the BNS, 2023, which is illegal, perverse and
afterthought with intention to drag the entire family
of the petitioner in Criminal Case without serving
the copy of F.I.R. and other related documents of the
said F.I.R.. The said Notice dated 28.10.2025 have
been received on 23.12.2025 through the WhatsApp
created on Mobile No. 9801950190 registered in the
name of Manoranjan Kumar Singh @ Montu Kumar
Singh (Son of the petitioner).
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(g) For further directing/commanding
the Respondents concerned, i.e., higher authority for
taking legal action against the Respondent No. 13,
who has in connivancewith Respondent No. 14 & 15
lodged false FIR bearing Koloriang P.S. Case No.
13/2025 against the petitioner and his family
members for harassing them physically, mentally
and financially, because the Koloriang Police
Station is far away about 1400 kms. from the
resident/village of the petitioner and the petitioner
has already submitted his application on
24.07.2025(Annexure-P/1) for lodging F.I.R. against
the Respondent No. 14 and 15 for illegal detention
of the younger son/corpus/detenu of the petitioner
namely Sunny Kumar Singh, who has now recovered
through the legal process/order of this Hon'ble
Court.”
2. Learned counsel for the State submits that the F.I.R.
bearing KLG P.S. Case No. 13/2025 under Section 316(4)
B.N.S., 2023, dated 28.10.2025, has been instituted at Police
Station- Koloriang, Kurung Kumey, District (A.P.), State-
Arunachal Pradesh. It is further submitted that the said F.I.R.
falls within the territorial jurisdiction of the State of Arunachal
Pradesh and is not within the territorial jurisdiction of the State
of Bihar or of this Court.
3. In view of the above, the petitioner is at liberty to
approach the Court having competent jurisdiction for redressal
of his grievance.
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4. With the aforesaid liberty, the Interlocutory
Application No. 01 of 2026 stands disposed of.
Re: Cr. WJC No. 2317 of 2025
5. The present writ of Habeas Corpus has been filed
for the following reliefs:-
“a. For issuance of writ in the nature of
Habeas Corpus or any other appropriate
writ/order/direction commanding the respondents
concerned to forthwith recover, and produce the
corpus of the Petitioner's Son namely Sunny Kumar
Singh (Corpus/Detenu) before this Hon'ble Court,
who has been illegally detained by Respondent No.
14 & 15 in suspicious circumstances from the place
where he was working as a "Nozzle Man" at Bharat
Petroleum Auto- Energy Station, Koloriang, P.S.-
Koloriang, District- Kurung Kumey (Arunachal
Pradesh) and illegally detained since 22.05.2025.
b. For further direct the respondents
concerned to lodge an F.I.R. against the Respondent
No. 14 & 15 which has already been submitted by
way of application dated 24.07.2025 bearing Diary
No. 102/2025 before the S.H.O., Mashrakh
(Respondent No. 8), and to take all necessary steps
for their immediate apprehension and custodial
interrogation and also taking necessary steps for
safe recovery of the son (Sunny Kumar Singh) of the
petitioner.
c. For further direct the respondents
concerned to constitute a Special Investigation Team
or monitoring of the investigation by a Senior Police
Officer not below the rank of Superintendent of
Police for ensuring a fair, impartial, and expeditious
Patna High Court CR. WJC No.2317 of 2025(5) dt.10-02-2026
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investigation in the matter.
d. For further direct the respondents
concerned to submit periodical status reports before
this Hon'ble Court regarding the progress of the
investigation and steps taken for the safe recovery of
Sunny Kumar Singh (Corpus).
e. For issuance of any other relief or
relief(s) for which the petitioner is entitled to in
accordance with law.”
6. From a perusal of the records, it appears that the
corpus, namely Sunny Kumar Singh, has already been
recovered. The said fact has not been disputed by learned
counsel for the petitioner.
7. In view of the aforesaid fact, no further orders are
required to be passed in the present habeas corpus petition.
Accordingly, the present criminal writ application stands
disposed of.
8. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Sachin/-
U T
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