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Patna High Court

SATISH KUMARversusThe State of Bihar, through the principal Secretary, Home Deptt., Bihar, Patna.

Decided
Disposal
DISPOSED

Holding

The High Court held that the writ jurisdiction does not extend to granting protective orders against private respondents where no specific threat is shown, and that restraining orders are matters for civil courts, leading to dismissal of the petition.

Summary

Satish Kumar filed a writ petition in the Patna High Court seeking protection of his life and property from a private respondent and an order restraining the respondent from entering his land. The Court held that the relief of restraining a private party is a civil matter and not within its writ jurisdiction. It also observed that the petitioner had not demonstrated any specific instance of threat to his life, noting that an FIR had already been lodged under IPC sections 341, 323, 385, 506 read with 34. Consequently, the Court directed the State authorities to act on any future complaints but declined to issue a standing protective order. The petition was therefore disposed of without granting the reliefs sought.

Issues considered

  • Whether a High Court can issue a writ for protection of life and property against private respondents under writ jurisdiction
  • Whether restraining a private respondent from entering the petitioner’s land is within the writ jurisdiction or is a civil remedy
  • Whether the petitioner has shown a specific threat sufficient to justify a protective writ

Legislation cited

Subjects

  • writ jurisdiction
  • protection of life
  • protection of property
  • civil remedy
  • Indian Penal Code
  • threat
  • petition dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.585 of 2022
                            Arising Out of PS. Case No.- Year-0 Thana- District- Muzaffarpur
                 ======================================================
                 Satish Kumar Son of Pashupati Prasad Singh Resident of Village - Rasulpur,
                 P.S. - Ahiyapur, District - Muzaffarpur at present Mohalla - Sarswati Nagar,
                 Bhagawanpur, P.S. - Sadar, District - Muzaffarpur.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar, through the principal Secretary, Home Deptt., Bihar,
                 Patna. Bihar
           2.    The Director General of Police, Bihar, Patna. Bihar
           3.    The Inspector General of Police, Tirhut Division, Muzaffarpur. Bihar
           4.    The District Magistrate, Muzaffarpur. BIhar
           5.    The Senior Superintendent of Police, Muzaffarpur. Bihar
           6.    Teh Sub Divisional Police officer, East, Muzaffarpur. Bihar
           7.    The officer-in- Charge, Ahiyapur, P.s. Muzaffarpur. Bihar
           8.    Pramod Sahni Son of Late Lal Govind Sahni Resident of Village- Rasulpur,
                 P.S. - Ahiyapur, District - Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Advocate
                 For the Respondent/s     :        Mr. Deepak Kumar, AC to GP-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   13-01-2026                 The present writ petition has been filed seeking

                   following relief(s):

                                              “I. To provide protection to live and
                                        property    of   the petitioner          from     private
                                        respondent and his associates.
                                              II. To direct the official respondents to
                                        retrain the private respondent for going to the
                                        land of the petitioner.
                                              III. To provide any relief/reliefs to the
                                        petitioner for which he is found entitle as per
Patna High Court CR. WJC No.585 of 2022(4) dt.13-01-2026
                                            2/3




                             facts and circumstances of the case.”
                       2. So far as relief no. II is concerned, such relief could

          be granted by a civil court of competent jurisdiction and praying

          for relief of restraining the private respondents from going to

          land of the petitioner does not fall within the writ jurisdiction of

          this Court. So far as relief at serial no. I is concerned, the

          learned counsel appearing on behalf of the petitioner has in

          general terms submitted that threats have been extended to the

          petitioner but failed to point out one specific instance where any

          such harm has come to the life of the petitioner. So far as

          protection of the property of the petitioner is concerned, the

          petitioner has already approached the police and FIR has been

          registered vide Ahiyapur P.S. Case No. 888 of 2021 under

          Sections 341, 323, 385, 506 r/w 34 of IPC. Even in future, if any

          apprehension arises to the life and property of the petitioner, the

          petitioner is at liberty to have recourse of law before the

          appropriate authority and a standing order could not be passed

          by this Court under the writ jurisdiction regarding protection of

          life and property of the petitioner from private respondents and

          his associates.

                       3. In any case, the State is under its bounden duty to

          protect the life and liberty of its citizens and if any such

          complaint is received from the petitioner about threat to his life
           Patna High Court CR. WJC No.585 of 2022(4) dt.13-01-2026
                                                       3/3




                     and property, the authorities are directed to act upon such

                     complaint with promptitude.

                                  4. Accordingly, the present writ petition is disposed

                     of.



                                                   (Arun Kumar Jha, J)
Ashish/-

U


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