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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

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
                                                     2/5




                                                           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).
Patna High Court CR. WJC No.2317 of 2025(5) dt.10-02-2026
                                            3/5




                                               (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.
Patna High Court CR. WJC No.2317 of 2025(5) dt.10-02-2026
                                            4/5




                      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
                                                       5/5




                                             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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