Patna High Court
OmiversusThe State of Bihar through Director General of Police, Bihar, Patna.
- Decided
- Disposal
- DISPOSED
Holding
The court held that the petitioner’s detention without a judicial order was unlawful and ordered her release on bail.
Summary
The petitioner, Omi, was arrested on 31 January 2026 despite a police final report dated 18 April 2025 indicating she was not to be sent to trial in case No.309 of 2024. She filed a criminal writ petition seeking a habeas corpus writ for her release, alleging unlawful detention without a judicial order and violation of Article 21. The court examined the lack of any judicial order authorising her custody and the contradiction with the police report. It found that her detention was prima facie illegal and ordered her release on bail with a bond of Rs.10,000 and two sureties. Consequently, the writ petition was disposed of, and any pending applications were also dismissed.
Issues considered
- Whether the petitioner’s detention without a judicial order violates Article 21 of the Constitution
- Whether the petitioner is entitled to bail despite the police final report
- Whether a writ of habeas corpus is the appropriate remedy in the circumstances
Legislation cited
- Bhartiya Nyay Sanhita — s. 103, 109, 115(2), 117(2), 118(1), 126(2), 3(5)
Subjects
- Habeas Corpus
- unlawful detention
- Article 21
- bail
- criminal procedure
- police report
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.320 of 2026
Arising Out of PS. Case No.-309 Year-2024 Thana- GORIAKOTHI District- Siwan
======================================================
Omi, Daughter of Nishikant Singh @ Narhari Singh @ Narhadi Singh
Resident of Village- Sadipur, P.S.- Goreyakothi, District- Siwan, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Director General of Police, Bihar, Patna. Patna
2. The Superintendent of Police, Siwan.
3. The Sub divisional Police officer, Mahrajganj, Siwan.
4. The Station House Officer (SHO), Goreyakothi Police Station, Siwan
5. The Investigating Officer (I.O.) of Goreyakothi P.S. Case concerned District-
Siwan
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay, Advocate
Mr.Raju Prasad, Advocate
Ms. Tetara Kumari, Advocate
Mr. Manjesh Raj, Advocate
Mr. Kumar Rajdeep, Advocate
For the Respondent/s : Mr. Amish Kumar, A.C. to A.G
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 18-02-2026 Heard learned counsel for the parties.
2. The following relief has been sought in the present
criminal writ petition:
“For issuance of a writ in the nature of Habeas
Corpus for production and release of the detenue
namely Anu Kumari (aged about 26 years) who
has been illegally arrested on 31.01.2026 by
Goreyakothi Police and is present in unlawful
detention.”
Patna High Court CR. WJC No.320 of 2026(2) dt.18-02-2026
2/3
3. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been made an accused
in Goreyakothi (Siwan) P.S.Case No. 309 of 2024, registered for
the offences under Sections 126(2), 118(1), 117(2), 115(2), 109,
103 and 3(5) of the Bhartiya Nyay Sanhita. It is further
submitted that the Investigating Officer submitted the final form
(Police Report) on 18.04.2025, wherein the petitioner was
shown as not sent up for trial. It is submitted that despite
submission of the said final form, the petitioner was taken into
judicial custody on 31.01.2026.
4. In spite of the Investigating Officer having
submitted the final form in favour of the petitioner, this Court
finds no justifiable reason as to how the petitioner was taken
into judicial custody. It is further indicated that, till date, no
judicial order has been passed by the court concerned on the
said police report submitted by the Investigating Officer.
5. From the materials available on record, it prima
facie appears that the petitioner, a lady, has been taken into
judicial custody without there being any judicial order and in
apparent contravention of Article 21 of the Constitution of India.
6. Considering the aforesaid facts and circumstances,
the petitioner is directed to be released on bail on furnishing
Patna High Court CR. WJC No.320 of 2026(2) dt.18-02-2026
3/3
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-VIII, Siwan, in connection
with Goreyakothi (Siwan) P.S.Case No. 309 of 2024, if not
required in any other case.
7. Accordingly, the present writ petition stands
disposed of.
8. Pending application, if any, shall also stand
disposed of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Sujit/-
U T
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