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Patna High Court

Kumar Vishoka NandversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is deemed infructuous and is disposed of.

Summary

The petitioner, Kumar Vishoka Nand, filed a writ petition seeking a direction to the State of Bihar to institute a criminal case based on a written report and to recover his missing son, aged about 25 years. The petitioner later informed the court that his son had returned and he no longer wished to pursue the petition. The State counsel indicated that an FIR had already been registered and the investigation was underway. The court observed that, given the return of the missing person and the pending investigation, the petition had become infructuous. Consequently, the court disposed of the writ petition.

Issues considered

  • Whether the High Court should direct the State to institute a criminal case and investigate for the recovery of a missing person.
  • Whether the petition becomes infructuous upon the return of the missing person and pending investigation.

Subjects

  • writ petition
  • criminal procedure
  • investigation
  • infructuous petition
  • recovery of missing person

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.249 of 2026
                 ======================================================
                 Kumar Vishoka Nand Son of Late Upendra Narain Resident of village-
                 Jiwachhpur, ward no. 4, Pandey Tola, P.S- Gamharia, Dist- Madhepura, At
                 P/A- Resident of Village- Adarsh Nagar, Nasriganj, Ps- Danapur, Dist- Patna

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    The Director General of Police, Govt. of Bihar, Patna bihar
           3.    The Senior Superintendent of Police, Patna bihar
           4.    The Superintendent of Police, Patna bihar
           5.    The Deputy Superintendent of Police, Danapur, Patna bihar
           6.    The Inspector of Police, Danapur, Patna bihar
           7.    The SHO, Danapur, Patna bihar
           8.    The Sub-Inspector of Police Nasriganj, (Op), Danapur, Patna bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Kumar Vishoka Nand, Adv.
                                               Mr. Binita Kumari, Adv.
                 For the Respondent/s   :      Mr.Braj Bhushan Mishra, AC toA.A.G. 9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   16-02-2026                     The instant writ petitioner has been filed seeking

                   direction to the State/respondents to institute a case on the basis

                   of written report submitted by the petitioner and for recovery of

                   the son of the petitioner aged about 25 years and also for

                   making proper investigation and taking immediate steps for his

                   recovery.

                                 02. The petitioner in person submits that the son of

                   the petitioner has returned and he does not want to press the

                   present petition.
             Patna High Court CR. WJC No.249 of 2026(2) dt.16-02-2026
                                                         2/2




                                    03. Learned counsel appearing on behalf of the

                       State/respondents submits that the FIR has also been registered

                       and the matter is being investigated.

                                    04. In the light of this submission, it is apparent that

                       the matter has become infructuous and hence the matter is

                       disposed of.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U


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