Patna High Court

SAYED SHAH SAULAT FAHMI BARIversusThe state of Bihar, through Chief Secretary, Government of Bihar, Patna

Decided: 30 March 2026
Disposal: DISMISSED
Bench: JITENDRA KUMAR

Holding

The petition is dismissed as infructuous because the charge‑sheet has been filed and police protection has already been extended to the petitioner.

Summary

The petitioner, Sayed Shah Saulat Fahmi Bari, filed a writ petition seeking a proper investigation and police protection in connection with Gaya Kotwali Police Station Case No. 153 of 2021. During the pendency of the petition, the State informed the Court that a charge‑sheet had been filed and that police protection had already been provided to the petitioner. The petitioner argued that further security might be required. The Court noted that the relief sought was already being addressed by the investigating authorities and that any additional protection would be provided as per law. Consequently, the Court dismissed the petition as infructuous, directing the police to review the petitioner’s security needs and act accordingly.

Issues considered

What relief, if any, is available to a petitioner seeking a proper investigation and police protection under a criminal writ jurisdiction?

Subjects

criminal procedure
writ jurisdiction
police protection
investigation
charge‑sheet
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.408 of 2022
                  ======================================================
                  Sayed Shah Saulat Fahmi Bari S/O- Late Sayyed Abdul Bari Resident Of -
                  Bari Manzil, Maroofganj, Nala Road, Police Station - Kotwali, District -
                  Gaya, (Bihar)- 823001.

                                                                             ... ... Petitioner/s
                                                     Versus

            1.    The state of Bihar, through Chief Secretary, Government of Bihar, Patna.
            2.    The State of Bihar, through Principal Secretary, Department of Home,
                  Government of Bihar, Patna.
            3.    The Director General of Police, Bihar, Patna.
            4.    The Senior Superintendent of Police, Gaya.
            5.    The Deputy Superintendent of Police Gaya.
            6.    The Superintendent of Police, Nawada, Bihar.
            7.    The District Magistrate, Nawada, Bihar.
            8.    The Assistant Director, District Mining officer, Nawada.
            9.    The SHO, Kotwali Police Station, Gaya.
            10. The IO, of Kotwali P.S Case No. - 153/2021 =
            11. The SHO Cum IO of Kadirganj P.S. Case No. 582/2021 =
            12. The SHO Nawada Sadar (Kadirganj O.P.) P.S. Case No.- 148/2017 =
            13. Pappu Yadav S/o- Chando Yadav R/o Village - Pawara, P.O. Kadirganj, P.S.
                and District - Nawada.
            14. Soni Devi Wife of Pappu Yadav, Mukhiya R/o Village - Pawara, P.O.
                Kadirganj, P.S. and District - Nawada.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Smt. Shilpi Keshri, Advocate
                                                Dr. Anurag Krishan Tiwary, Advocate
                                                Mr. Aditya Mishra, Advocate
                                                Mr. Aangraj Singh, Advocate
                  For the State          :      Mr. Suman Kumar Jha, AC to AAG-3
                  For the Mines          :      Mr. Naresh Dikshit, Spl. P.P.
                                                Mr. Brij Bihari Tiwary, Advocate
                                                Mr. Utkarsh Pathak, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                        ORAL ORDER

11   30-03-2026                   The present petition has been preferred by the

                    petitioner for proper investigation in Gaya Kotwali P.S. Case
               Patna High Court CR. WJC No.408 of 2022(11) dt.30-03-2026
                                                           2/2




                         No. 153 of 2021 and he has also sought police protection in

                         view of threat from the accused persons of Gaya Kotwali P.S.

                         Case No. 153 of 2021, lodged by the petitioner.

                                      2. During pendency of this writ petition, it is informed

                         by learned counsel for the State that charge-sheet has been

                         submitted in Gaya Kotwali P.S. Case No. 153 of 2021 and

                         police protection has been already provided to the petitioner and

                         in case, after review of the same, it is required that further

                         security should be provided to him, it will be done as per law.

                                      3. Accordingly, the present petition is dismissed as

                         infructuous and the concerned police authorities will review the

                         security concern of the petitioner and in case he needs further

                         protection, the concerned authority will do the needful as per

                         law.



                                                                     (Jitendra Kumar, J)
shoaib/-

U          T

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