Patna High Court
KARUNA SHAHIversusThe State of Bihar through the Chief Secretary, Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
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
- Indian Penal Code — s. 120B, 302
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
2/2
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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