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Patna High Court

RAUSHAN KUMARversusThe State of Bihard Through the Home Commissioner, Government of Bihar, Patna.

Decided
Disposal
DISPOSED

Holding

The writ petition was held infructuous and disposed of.

Summary

Petitioner Raushan Kumar filed a criminal writ petition seeking relief after respondent No.6, Nisha Kumari, was released from the Balika Grih and alleged that he was being threatened by an informant in police case 517 of 2021. The court observed that the relief concerning Nisha Kumari was already satisfied as she was staying with the petitioner. The petitioner’s allegation of threat was found to be vague and unsupported by any specific evidence. The court held that the petitioner could not approach the High Court on such a vague assertion. Accordingly, the writ petition was deemed infructuous and was disposed of.

Issues considered

  • Whether the writ petition remains maintainable after the primary relief has been satisfied
  • Whether the allegation of threat by an informant, without specific evidence, warrants judicial intervention

Subjects

  • writ petition
  • criminal writ jurisdiction
  • threat allegation
  • infructuous
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.761 of 2022
                          Arising Out of PS. Case No.-517 Year-2021 Thana- BIHTA District- Patna
                 ======================================================
                 Raushan Kumar S/o Sunil Kumar @ Sunil Verma, R/o village- Katesar, P.S.-
                 Bihta, District- Patna.
                                                                        ... ... Petitioner
                                               Versus

           1.    The State of Bihard Through the Home Commissioner, Government of
                 Bihar, Patna. Bihar
           2.    The District Magistrate, Patna Bihar
           3.    The Senior Superintendent of Police, Patna Bihar
           4.    The SHO, Bihta, District- Patna Bihar
           5.    The Superintendent, Remand Home (Balika Grih), Gai Ghaat, Patna Bihar
           6.    Nisha Kumari, W/o Raushan Kumar, through the Superintendent, Remand
                 Home (Balika Grih) Gai Ghat, Patna, Bihar
           7.    Sunil Kumar @ Sunil Verma S/o Jagdish Mahto R/o village- Katesar, P.S.-
                 Bihta, District- Patna
           8.     Priyanka Devi @ Priyanka Sinha W/o Sunil Kumar @ Sunil Verma R/o
                  village- Katesar, P.S.- Bihta, District- Patna
                                                                  ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner        :       Mr. Rabindra Kumar Priyadarshi, Advocate
                                                   Mr. Mohan Kumar Tiwari, Advocate
                                                   Mr. Ujjwal Kumar, Advocate
                 For the Respondents       :       Mr. M. Nasrul Huda Khan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   13-01-2026                        Heard the parties.

                                      2. Learned counsel for the petitioner submits that

                   respondent no. 6 has been released from the Balika Grih and she

                   has been staying with the petitioner and the prayer of the

                   petitioner in paragraph no. 1(i) of the writ petition stands

                   satisfied.

                                      3. However, learned counsel for the petitioner
          Patna High Court CR. WJC No.761 of 2022(4) dt.13-01-2026
                                                      2/2




                    submits that petitioner has been threatened by the informant of

                    Bihta P.S. Case No. 517 of 2021 and some orders may be

                    passed.

                                    4. If the petitioner is being threatened by the

                    informant of Bihta P.S. Case No. 517 of 2021, he has the liberty

                    to have recourse of law and could not approach this Court with

                    vague assertion. Since other prayer of petitioner stands satisfied,

                    the present writ petition has become infructuous and the same is

                    disposed of.



                                                               (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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