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Patna High Court

KARUNA SHAHIversusThe State of Bihar through the Chief Secretary, Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to order the arrest of the respondents and dismissed the petition as there was no evidential basis to compel such action.

Summary

Karuna Shahi filed a writ petition in the Patna High Court seeking a direction to arrest respondents No.7 and No.8, who were named accused in a murder and criminal conspiracy case (Sections 302 and 120B IPC) pending before the Chief Judicial Magistrate, Muzaffarpur, and also requested that the case be handed over to the CBI. The police submitted a closure report (Form 1125 of 2025) stating that despite exhaustive efforts no concrete evidence could be gathered to establish the complicity of the two respondents, leading to the closure of the case against them. The Court examined whether it could compel arrest in the absence of any evidential material and whether it could order a transfer to the CBI. It held that without any material indicating involvement, there is no basis for directing an arrest, and the petition therefore lacks merit. Consequently, the Court disposed of the writ petition, leaving the petitioner free to pursue any other appropriate legal remedy before the trial court.

Issues considered

  • Whether the High Court can direct the arrest of accused persons when the investigating police have filed a closure report citing lack of evidence.
  • Whether the High Court can order the transfer of a criminal case to the Central Bureau of Investigation in the absence of evidentiary material.

Legislation cited

Subjects

  • arrest
  • closure report
  • murder
  • criminal conspiracy
  • writ petition
  • CBI
  • high court
  • police investigation
  • evidence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Writ Jurisdiction Case No.237 of 2022
                     Arising Out of PS. Case No.-12 Year-2021 Thana- AHIYAPUR District- Muzaffarpur
                  ======================================================
                  Karuna Shahi W/O Dyashankar Prasad Shahi, Resident of Raghopur, P.S.-
                  Ahiyapur, District- Muzaffarpur, Pincode - 842004.
                                                                        ... ... Petitioner
                                                     Versus

            1.    The State of Bihar through the Chief Secretary, Bihar.
            2.    The Director General of Police, Bihar Bihar
            3.    The Inspector General of Police, Muzaffarpur Bihar
            4.    The Senior Superintendent of Police, Muzaffarpur Bihar
            5.    The Deputy Superintendent of Police (Town D.S.P.), Muzaffarpur Bihar
            6.    The Station House Officer, Ahiyapur, District- Muzaffarpur Bihar
            7.    Savita Shahi @ Pinki Shahi W/o Dilip Kumar @ Feku Shahi R/o village-
                  Raghopur Shahbajpur, P.S.- Ahiyapur, District- Muzaffarpur
            8.     Yash Raj @ Yashsvi Parasar S/o Dilip Kumar @ Feku Shahi R/o village-
                   Raghopur Shahbajpur, P.S.- Ahiyapur, District- Muzaffarpur
                                                                           ... ... Respondents
                  ======================================================
                  Appearance :
                  For the Petitioner        :      Mr. Mithlesh Kumar Gupta, Advocate
                                                   Mr. Surendra Kumar, Advocat
                  For the State             :      Mr. Suman Kumar Jha, Advocate
                                                   Ms. Rupali Jha, AC to AAG-3
                  For R. No. 7              :      Mr. Shiv Pratap, Advocate
                                                   Ms. Kumari Shalini, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                        ORAL ORDER

12   08-01-2026                        Heard the parties.

                                       2. The present petition has been filed seeking

                    direction of arrest of respondent nos. 7 and 8, who have been made

                    accused in Ahiyapur P.S. Case No. 12 of 2021 dated 05.01.2021

                    for the offences punishable under Sections 302 and 120B of the

                    Indian Penal Code pending in the Court of Chief Judicial

                    Magistrate, Muzaffarpur for trial and disposal and secondly

                    direction for handover of the case to CBI.
          Patna High Court CR. WJC No.237 of 2022(12) dt.08-01-2026
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                                    3. The police investigated the matter and State

                    respondents have filed counter-affidavits submitting that a closure

                    report / final form vide form no. 1125 of 2025 dated 25.06.2025

                    has been submitted with finding that despite all possible efforts to

                    collect evidence to ascertain the complicity of FIR named

                    accused / respondent nos. 7 and 8, no concrete evidence would be

                    collected against them and thus, finding lack of evidence case was

                    closed against respondent nos. 7 and 8.

                                    4. When the police did not procure any material to

                    show the complicity of respondent nos. 7 and 8, in the offences as

                    alleged in Ahiyapur P.S. Case No. 12 of 2021, this Court has no

                    occasion to order for arrest of respondent nos. 7 and 8.

                                    5. Therefore, nothing remains in the present writ

                    petition. However, the petitioner is at liberty to have recourse of

                    law in appropriate proceeding before appropriate forum including

                    the Court of learned Chief Judicial Magistrate, Muzaffarpur.

                                    6. With the aforesaid observation, the present writ

                    petition stands disposed of.



                                                              (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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