Patna High Court

Alok RanjanversusTHE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA

Decided: 19 January 2026
Disposal: DISMISSED
Bench: ARUN KUMAR JHA

Holding

The writ petition is dismissed as frivolous.

Summary

Alok Ranjan filed a writ petition seeking that the respondents provide him and his family with security as ordered by the Sub‑divisional Magistrate on 28‑11‑2022, which required execution of bonds of Rs 1,00,000 with two sureties for one year’s peace. The petition arose from a Section 107 CrPC proceeding initiated on a non‑FIR (No. 60 of 2022) and a warrant issued on 10‑11‑2022 that had not been executed. The petitioner claimed apprehension for his life and property. The High Court observed that it is not the executing authority of the magistrate, more than three years had elapsed since the magistrate’s order, and no incident of attack had been reported. Consequently, the Court held the petition frivolous and dismissed it.

Issues considered

Whether the High Court can direct the respondents to provide security under a magistrate’s order after a lapse of three years.
Whether the writ petition is maintainable in the absence of any actual attack or complaint despite the petitioner’s apprehension.
Whether the High Court, not being the executing authority, can entertain a petition for enforcement of a security bond.

Legislation cited

Code of Criminal Procedure — s. 107

Subjects

writ petition
security bond
Section 107 CrPC
frivolous petition
high court jurisdiction
delay
non‑execution of warrant

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.463 of 2024
                             Arising Out of PS. Case No.- Year-0 Thana- District- Aurangabad
                 ======================================================
                 Alok Ranjan Son Of Sri Chandrahas Pathak Resident Of Village- Babuganj,
                 Po- Rafiganj, Distt- Aurangabad

                                                                                     ... ... Petitioner/s
                                                        Versus

           1.    The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna
                 Bihar
           2.    The Director General Of Police, Dept. Of Police, Bihar, Patna Bihar
           3.    The Collector, Aurangabad Bihar Bihar
           4.    The Superintendent Of Police, Aurangabad Bihar Bihar
           5.    The Sub Divisional Officer (CIVIL) Sub- Division, Aurangabad Bihar Bihar
           6.    The Sdpo Dept. Of Police, Aurangabad Bihar Bihar
           7.    The Station House Officer, Rafiganj, Po , Ps Rafiganj, Distt- Aurangabad,
                 Bihar Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Mr.Umakant Mishra, Advocate
                 For the Respondent/s    :         Mr.A.A.G 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   19-01-2026                 The present writ petition has been filed seeking

                   direction to the concerned respondents to provide the petitioner

                   and his family proper security in terms of order dated

                   28.11.2022 passed by learned Sub-divisional Magistrate,

                   Rafiganj, Aurangabad.

                               2. From the record, it transpires that over some

                   monetary transaction between the petitioner and other side a

                   proceeding under Section 107 of the Code of Criminal

                   Procedure was initiated on the report of SHO, Rafiganj Police
            Patna High Court CR. WJC No.463 of 2024(2) dt.19-01-2026
                                                        2/2




                      Station on the basis of Non-FIR No. 60 of 2022. After initiating

                      the proceeding, learned Sub-divisional Magistrate issued notice

                      to both the sides calling for show cause why they be not directed

                      to execute bonds with two sureties to the tune of Rs.1,00,000/-

                      for keeping peace for one year.

                                   3. Learned counsel for the petitioner submits that on

                      10.11.2022, warrant was issued against the other side. But till

                      date, the warrant was not executed and the petitioner is

                      apprehensive about his life and property.

                                   4. At the outset, this Court wants to make it clear that

                      this Court is not the executing court of Sub-divisional

                      Magistrate. It is also evident that more than three years have

                      elapsed since passing of order by learned Sub-divisional

                      Magistrate, issuing notice and warrant and there is no complaint

                      during this period from the petitioner about any happening

                      which may be construed as attack on the life and property of the

                      petitioner. Therefore, the present writ petition appears to be

                      entirely frivolous and hence, the same is dismissed as such.



                                                (Arun Kumar Jha, J)

    DKS/-

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