Patna High Court
Nehal GhaniversusThe State of Bihar through the Additional Chief Secretary, Department of Home, Govt. of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The writ of habeas corpus is not maintainable and is dismissed because the detainee is already before a criminal court and has not contested the legality of his detention.
Summary
The petitioner, Nehal Ghani, filed a writ of habeas corpus seeking the production, declaration of illegal detention, release, medical examination, compensation and disciplinary action against police concerning his cousin Mozahid Ghani, who was allegedly detained by Khusrupur police in connection with FIR No.195 dated 02‑04‑2026 for the murder of Aftab Alam. The petitioner submitted that Mozahid had been produced before the jurisdictional magistrate on 08‑04‑2026, who remanded him for interrogation, and that the accused had not raised any claim of illegal arrest before the magistrate. The Court examined whether the writ was maintainable when the detainee was already before a criminal court and no objection to the custody had been made. It held that the habeas corpus petition was not fit to be entertained as the issue of legality of detention was pending before the magistrate. Consequently, the petition was dismissed.
Issues considered
- Whether a writ of habeas corpus is maintainable when the detained person has been produced before a magistrate and remanded for interrogation without raising an objection to the legality of the detention.
Subjects
- habeas corpus
- illegal detention
- remand
- criminal procedure
- magistrate jurisdiction
- police custody
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.811 of 2026
======================================================
Nehal Ghani S/o Md. Iqbal Ghani R/o Village - Lodipur, Khusrupur, P.S -
Khusrupur, District - Patna, Bihar
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Home, Govt. of Bihar, Patna.
2. The Director General of Police, Bihar, Patna
3. The District - Magistrate, Patna
4. The Senior Superintendent of Police, Patna Bihar
5. The Superintendent of Police (Rural), Patna
6. The SDPO, Fatuha, Patna
7. The Officer-in-Charge, Khusrupur Police Station, Patna, Bihar
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Anand Kumar Tiwari, Advocate
Mr. Abhishek Kumar, Advocate
Mr. Aditya, Advocate
For the State : Mr. P.N. Sharma, AC to A.G.
======================================================
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 AG for the State of Bihar.
2. The petitioner in the present case is seeking the
following reliefs:-
“i. For issuance of an appropriate
writ/order/direction, directing the respondents to
produce the cousin brother of the petitioner
namely Mozahid Ghani, S/o Mojaz Ali Zabber
(hereinafter referred to as “the detenue”), who is
under illegal detention of the police of Khusrupur
Patna High Court CR. WJC No.811 of 2026(2) dt.20-04-2026
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Police Station, District- Patna;
ii. For issuance of an appropriate
writ/order/direction, declaring the detention of
detenu as illegal;
iii. For issuance of an appropriate
writ/order/direction, directing the immediate
release of the detenu;
iv. For issuance of an appropriate
writ/order/direction, directing the proper medical
examination of the detenu in order of
ensuring/detecting the torture and trauma on his
body.
v. For issuance of an appropriate
writ/order/direction, directing the concerned
respondent(s) to make compensation for the
illegal and wrongful detention;
vi. For issuance of an appropriate
writ/order/direction, directing the respondent
police not to detain or harass or assault etc,
further to the petitioner, his father and their any
other family members.
vii. For issuance of an appropriate
writ/order/direction, for initiation of appropriate
proceedings against the erring police officials;
viii. For issuance of any other relief(s) to which
the petitioner is found entitled for giving
complete justice to him.”
3. It is the case of the petitioner that his cousin
Mozahid Ghani is in illegal detention of the Khusrupur Police,
however, in course of his submission, learned counsel for the
petitioner has produced a copy of the FIR No. 195 dated
Patna High Court CR. WJC No.811 of 2026(2) dt.20-04-2026
3/3
02.04.2026 lodged with Khusrupur Police Station with regard to
the murder of one Aftab Alam, the husband of the informant.
The name of the petitioner transpired in connection with the said
case in the statement of the informant.
4. Learned counsel for the petitioner submits that the
said Mozahid Ghani has been produced before the learned
Jurisdictional Magistrate on 08.04.2026 and the learned
Magistrate has given his remand to the police for purpose of
interrogation.
5. On query made from learned counsel for the
petitioner, this Court has been informed that before the learned
Jurisdictional Magistrate, the accused did not raise any issue of
his illegal arrest/detention.
6. In the aforesaid view of the matter, we are of the
considered opinion that this Writ of Habeas Corpus as framed is
not fit to be entertained. It is dismissed accordingly.
(Rajeev Ranjan Prasad, J)
(Soni Shrivastava, J)
lekhi/-
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