Patna High Court
Narendra Kumar @ Narendra DasversusThe State of Bihar, through the Chief Secretary Government of Bihar, Patna
- Decided
- Disposal
- DISPOSED
Holding
The order is infirm as it violates Rule 6 of the Bihar Control of Crimes Rules, 1978, but since the externment period has expired, the court will not set aside the order and merely cautions the authorities.
Summary
Narendra Kumar filed a writ petition challenging an order dated 05‑11‑2025 issued by the District Magistrate of Jamui under Section 3(3) of the Bihar Control of Crimes Act, 1981, which directed him to mark attendance at a police station 30 kilometres away twice daily from 08‑11‑2025 to 15‑11‑2025. The petitioner argued that the order violated Rule 6 of the Bihar Control of Crimes Rules, 1978, caused loss of livelihood and was therefore illegal. The State contended that the period of externment had already expired, rendering the petition infructuous. The High Court held that the order indeed contravened Rule 6 and was infirm, but because the externment period had lapsed, the court refrained from setting aside the order, merely cautioning the authorities and leaving any consequential remedy to the petitioner. The writ application was consequently disposed of without granting relief.
Issues considered
- Whether the District Magistrate's order directing attendance at a distant police station violates Section 3(3) of the Bihar Control of Crimes Act and its Rules.
- Whether the order is maintainable after the period of externment prescribed in the order has expired.
- Whether the High Court can grant any relief despite the expiry of the externment period.
Legislation cited
- Bihar Control of Crimes Act, 1981 — s. 3(3)
Subjects
- externment
- attendance requirement
- Rule 6 violation
- Bihar Control of Crimes Act
- High Court writ jurisdiction
- procedural impropriety
- civil loss
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.807 of 2026
Arising Out of PS. Case No.-201 Year-2024 Thana- LAXMIPUR District- Jamui
======================================================
Narendra Kumar @ Narendra Das S/O Sri Jayaprakash Das R/O Village-
Najari, P.S.- Laxmipur, Distt.- Jamui.
... ... Petitioner
Versus
1. The State of Bihar, through the Chief Secretary Government of Bihar, Patna
2. The Additional Chief Secretary Department of Home Bihar Old Secretariat,
P.O.- G.P.O, P.S- Sachiwalay, Dist.- Patna.
3. The Director General of Police, Bihar Old Secretariat, P.O.- G.P.O., P.S-
Sachiwalay, Distt.- Patna.
4. The Deputy Inspector General of Police, Munger Division At P.O and P.S-
Munger Fort, Distt.- Munger.
5. The District Magistrate, Jamui At P.O and P.S and Distt.- Jamui.
6. Superintendent of Police, Jamui At P.O and P.S and Distt.- Jamui.
7. The Dy. S.P., Jamui At P.O. and P.S. and Distt.- Jamui.
8. The Officer in Charge, Police Station- Laxmipur P.O and P.S.- Laxmipur,
Distt.- Jamui.
9. Lalan Das S/O Late Yugal Kishore Das R/V Najari, P.O and P.S- Laxmipur,
Distt.- Jamui.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate
For the State : Mr. Sumant Kumar Singh, AC to G.A.2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 20-04-2026 Heard learned counsel for the petitioner and learned
AC to GA-2 for the State of Bihar.
2. The petitioner in the present case has challenged
the order dated 05.11.2025 passed by the District Magistrate
(Respondent No. 5) under Section 3(3) of the Bihar Control of
Patna High Court CR. WJC No.807 of 2026(2) dt.20-04-2026
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Crimes Act, 1981 (as amended up to date) whereby and
whereunder the petitioner has been ousted from his police
station and directed to give attendance before the Lachhuar
Police Station from 10:00 AM to 05:00 PM from 08.11.2025 to
15.11.2025.
3. Learned counsel for the petitioner submits that due
to a land dispute, the petitioner has been involved in two cases,
namely, (1) Laxmipur P.S. Case No. 201 of 2024 registered
under Sections 147, 341, 506, 385, 504, 323, 354, 325, 354(B)
of the Indian Penal Code and Section 3/ 4 of the Dayan Act by
one agnate, and (2) Laxmipur P.S. Case No. 63 of 2025
registered under Sections 191(2), 126(2), 115(2) and 74 of the
Bhartiya Nyay Sanhita by his another agnate and in both the
cases, the petitioner is on bail. Thereafter, a sanha entry was
done in Laxmipur Police Station. Certain allegations have been
made against Respondent No. 9 and it is alleged that he was
involved in filing false case and to get settlement with the
police.
4. Learned counsel submits that the petitioner was
directed to mark his attendance at a distance of more than 30
kilometers from Laxmipur Police Station and he was asked to
mark his attendance everyday at 10:00 AM and 05:00 PM. This
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is against the rules which direct that the attendance may be
allowed to be marked in the nearest police station. As a result of
this arbitrary order, the petitioner has suffered civil
consequences as he lost his work and his shop suffered
irreparable loss. It is for this reason that the petitioner has
submitted that even though the period has expired, this Court
should issue a direction that in future, he should not be
subjected to such illegal order.
5. On the other hand, learned AC to GA-2 for the
State submits that since in this case, the period of externment
has already expired as back as on 15.11.2025, so far as this
matter is concerned, it has become infructuous. This Court may
direct the District Magistrate, Jamui and the Superintendent of
Police, Jamui that in future, they should abide by the provisions
of law.
6. Having regard to the entire facts and circumstances
of the case, without going into the merit of the case at this stage,
we are satisfied that so far as the direction to mark attendance at
a distance of 30 kilometers twice at 10:00 AM and 05:00 PM
respectively is concerned, it is in violation of Rule 6 of the
Bihar Control of Crimes Rules, 1978. The impugned order
suffers from infirmities, however, at this stage, since the order
Patna High Court CR. WJC No.807 of 2026(2) dt.20-04-2026
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has already taken effect, we refrain from proceeding with the
matter.
7. We put the Superintendent of Police, Jamui and the
District Magistrate, Jamui on caution that in future while taking
recourse to the provisions of the Bihar Control of Crimes Act,
they must abide by the spirit of the Act and the Rules made
thereunder, failing which this Court would take it as a serious
lapse on their part as it has the potential to curtail the life and
liberty of the petitioner.
8. We leave it open to the petitioner to seek his
consequential remedy, if any, as may be advised to him.
9. Let the order be communicated to the
Superintendent of Police, Jamui and the District Magistrate,
Jamui.
10. This writ application stands disposed of
accordingly.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
lekhi/-
U
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