Patna High Court
MEERA KUMARIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The petition was held to be infructuous and was disposed of.
Summary
Meera Kumari filed a writ petition seeking a direction to the respondents to execute a non-bailable warrant of arrest dated 13 June 2018 and to invoke Section 82 of the Criminal Procedure Code against respondent Jagdish Gorain. Respondent No.5 appeared before the trial court and was released on bail on 7 February 2026. The petitioner argued that the warrant and Section 82 process should still be enforced. The court, noting the bail release, held that the petition had become infructuous. Consequently, the court disposed of the writ petition.
Issues considered
- Whether a non‑bailable warrant of arrest and the process under Section 82 Cr.P.C. can be executed after the accused has obtained bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
Subjects
- writ petition
- criminal procedure
- non‑bailable warrant
- Section 82
- bail
- infructuous
- disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.986 of 2022
Arising Out of PS. Case No.-26325 Year-2014 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Meera Kumari Wife of Sri Jagdish Gorain D/o Sri Rambachan Prasad,
Resident of Village - Khaira, P.O.- Geria, P.S.- Bindapathar, Dist.- Jamtara
(Jharkhand), Pin Code - 815351, At present R/o Village - Majhanua, P.S.-
Rewti, District - Balia (U.P.).
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Senior Superintendent of Police, Patna. Bihar
3. The Superintendent of Police, Jamtara (Jharkhand). Jharkhand
4. The Officer-in-Charge of Bindapathar Police Station, District Jamtara, State
of Jharkhand. Jharkhand
5. Jagdish Gorain Son of Kartikchand Gorain Resident of Village - Khaira,
P.S.- Bindapathar, P.O.- Jeriya, Dist.- Jamtara (Jharkhand), Pin Code -
815351.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Prem Ranjan Kumar, Advocate
For the State : Mr. Iqbal Asif Niazi, AC to GP-5
For R. No. 5 : Mr. Vishal Saurabh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
8 19-02-2026 Heard learned counsel for the parties.
2. The present writ petition has been filed seeking
direction to the respondents to execute the warrant of arrest
(NBW) issued vide order dated 13.06.2018 and the process
under Section 82 of the Cr.P.C. against respondent no. 5 vide
order dated 05.03.2019, passed in Complaint Case No.
26325(C) of 2014 by the Additional Chief Judicial Magistrate-
XIV, Patna.
Patna High Court CR. WJC No.986 of 2022(8) dt.19-02-2026
2/2
3. Learned counsel appearing on behalf of
respondent no. 5 submits that respondent no. 5 has appeared
before the learned trial Court and has been released on bail on
07.02.2026.
4. In the light of submissions made on behalf of
respondent no. 5, duly supported by learned counsel appearing
on behalf of the state respondent, nothing remains in the matter
and the matter has become infructuous and hence the same is
disposed of as such.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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