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Patna High Court

Ravi Kumar @ Nishant KumarversusThe State of Bihar through Addl. Chief Secretary Dept. of Home Govt. of Bihar, Patna

Decided
Disposal
DISMISSED

Holding

The writ of habeas corpus is dismissed as it cannot be used to contest a lawful remand order.

Summary

The petitioner, Ravi Kumar, was arrested in connection with a murder case (charges under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act) and lodged in police custody on 8 October 2025. He filed a writ of habeas corpus alleging that the arrest memo dated 7 October 2025 violated Section 47 of the Bharatiya Nyaya Suraksha Sanhita because the grounds of arrest were not supplied in the prescribed written form. The respondents contended that the memo did contain the required information, the petitioner was produced before a magistrate, and the remand order was valid. The Court examined whether a habeas corpus petition could be used to challenge a lawful remand order and held that the petition merely sought to set aside the remand, not to address an illegal detention. Consequently, the Court dismissed the writ application, directing the petitioner to pursue any remedy available under the regular criminal procedure.

Issues considered

  • Whether the petitioner’s detention is illegal for lack of written grounds of arrest under Section 47 BNSS.
  • Whether a writ of habeas corpus can be entertained to challenge a judicial remand order under Article 226.

Legislation cited

Subjects

  • habeas corpus
  • illegal custody
  • arrest memo
  • Section 47 BNSS
  • remand
  • criminal procedure
  • Article 226
  • murder case
  • Arms Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.956 of 2026
                    Arising Out of PS. Case No.-210 Year-2025 Thana- Chitragupta Nagar District- Patna
                 ======================================================
                 Ravi Kumar @ Nishant Kumar S/o Lalan Singh @ Lalan Mahto @ Keshav
                 Mahto R/o Munna Chak, Near Commerce College, Road No. 17, P.S.-
                 Chitragupt Nagar, District- Patna
                                                                            ... ... Petitioner
                                                   Versus
           1.     The State of Bihar through Addl. Chief Secretary Dept. of Home Govt. of
                  Bihar, Patna
           2.    The Director General of Police, Bihar, Patna
           3.    The Inspector General of Police, Prison, Bihar
           4.    The Senior Superintendent of Police, Patna
           5.    The Station House Officer, Chitragupt Nagar, PS-Patna
                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Sunil Pathak, Advocate
                 For the Respondents      :        Mr. P.N. Sharma, AC to AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   06-05-2026                    Heard learned counsel for the petitioner and learned

                   AC to AG for the State of Bihar.

                                2. This writ application has been filed for issuance of

                   a writ in the nature of Habeas Corpus for a direction upon the

                   Respondent Authorities to release the petitioner from illegal

                   custody/ detention in relation to Chitragupt Nagar P.S. Case No.

                   210 of 2025.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is a named accused in Chitragupt Nagar P.S. Case No.
Patna High Court CR. WJC No.956 of 2026(2) dt.06-05-2026
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          210 of 2025 dated 11.09.2025 registered for the offences

          punishable under Section 103(1), 3(5) of Bharatiya Nyaya

          Sanhita (in short ‘BNS’) and Section 27 of the Arms Act. The

          grievance of the petitioner is that he was taken into custody by

          the I.O. in connection with the said case on 08.10.2025 in a

          most mechanical and arbitrary manner. It is submitted that the

          petitioner was arrested by police as per arrest memo dated

          07.10.2025 and was forwarded to the court for judicial remand

          on 08.10.2025 which will appear from the signature of the SHO

          of Chitragupt Nagar Police Station but the learned Judicial

          Magistrate has put his signature granting permission on

          07.10.2025 itself.

                       4. The submission is that the arrest memo prepared by

          the police on 07.10.2025 is in violation of Section 47 of the

          Bharatiya Nyaya Suraksha Sanhita (in short ‘BNSS’). The

          mandate of Section 47 of the BNSS is to provide the grounds for

          arrest to the accused in proper written format but the same has

          not been followed. Annexure ‘P/3’ is the arrest memo placed

          before this Court.

                       5. Relying upon the judgment of the Hon’ble Supreme

          Court in the case of Mihir Rajesh Sah versus State of

          Maharashtra and Ors. reported in (2026) 1 SCC 500, learned
Patna High Court CR. WJC No.956 of 2026(2) dt.06-05-2026
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          counsel submits that non-supply of the grounds of arrest to the

          petitioner would render his custody illegal.

                       6. On the other hand, Mr. P.N. Sharma, learned AC to

          AG submits that in this case, the petitioner is a named accused

          alleged to be involved in the murder of the husband of the

          informant. He was arrested by police on 07.10.2025 which

          would be evident from Annexure ‘P/3’. The arrest memo

          contains a statement in paragraph ‘7’ that the arrestee has been

          informed of the reasons and his legal rights at the time of his

          arrest. Information has also been given to one Renu Kumari

          who has been described as the wife of the petitioner. Referring

          to the paragraphs ‘11’ and ‘13’ of the arrest memo, it is

          submitted that in paragraph ‘11’, said Renu Kumari has put her

          signature whereas in paragraph ‘13’, the petitioner has himself

          put his signature.

                       7. It is further submitted that after the arrest, he was

          produced before the learned Magistrate it would, however,

          appear that there was some mistake in putting the date by the

          SHO on the arrest memo as well as the forwarding letter. The

          learned Magistrate before whom the petitioner was produced,

          having himself satisfied with the materials placed before him

          granted remand of the petitioner in police custody for purpose of
Patna High Court CR. WJC No.956 of 2026(2) dt.06-05-2026
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          investigation. The memo of forwarding would show that at the

          instance of the petitioner, firearm and cartridges were also

          recovered.

                       8. It is further submitted that since his arrest and 1 st

          production before the learned Magistrate, the petitioner never

          raised any issue of non-supply of grounds of arrest. In the writ

          application also, he has not made any statement either that he

          was not produced before the learned Magistrate on 07.10.2025

          or that after his production before the learned Magistrate, he

          ever raised the ground of non-supply of written grounds before

          the learned Magistrate. It is submitted that in this case, the

          remand has been given on the request of the SHO who

          submitted Annexure ‘P/2’ before the learned Additional Chief

          Judicial Magistrate, 1st Class, Civil Court, Patna.

                       9. This writ application does not contain any

          statement whether after his remand, the petitioner has moved for

          bail or not. Prayer has been made to refuse to entertain the writ

          application as in the garb of the writ in the nature of Habeas

          Corpus, the petitioner is trying to assail the order of remand

          which is not available on the record.

                       10. Having heard learned counsel for the petitioner

          and learned AC to AG as also on perusal of the records, this
        Patna High Court CR. WJC No.956 of 2026(2) dt.06-05-2026
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                  Court is of the considered opinion that in the facts of the present

                  case where the petitioner is a named accused in a murder case,

                  he has been arrested by the SHO of the Police Station and at his

                  instance, arms and cartridges are said to have been recovered, a

                  writ in the nature of Habeas Corpus may not be entertained.

                  From the averments made in the writ application, it is evident

                  that in the garb of writ application, the petitioner is challenging

                  the order of remand. The petitioner is in judicial custody by

                  virtue of an order of the competent court, the said order has not

                  been brought before the Court but the petitioner is in fact trying

                  to come out of the said order by filing this writ application. This

                  Court is sitting in it’s plenary jurisdiction under Article 226 of

                  the Constitution of India. Every case has it's own facts.

                               11. In the facts of the present case, this Court is not

                  inclined to entertain the writ application as framed. It is

                  dismissed.

                               12. The petitioner may seek his remedy, if any,

                  available to him in accordance with law.



                                        (Rajeev Ranjan Prasad, J)


                                            ( Soni Shrivastava, J)
SUSHMA2/-
U


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