Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court granted liberty to the petitioner to file an appropriate petition within a week and disposed of the writ petition as not pressed.
Summary
Urmila Devi filed a writ petition challenging an order dated 29-10-2025 passed by the Additional District and Sessions Judge under Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, through counsel, sought liberty to pursue the challenge via the appropriate legal remedy rather than continue the writ petition. The High Court granted this liberty, directing the petitioner to file the appropriate petition within one week, which would be listed on a priority basis. The court also ordered the return of the certified copies of the trial court orders. Consequently, the writ petition was disposed of as not pressed, with the liberty to file a fresh appropriate petition.
Issues considered
- Whether the petitioner can be granted liberty to challenge the order by filing an appropriate petition instead of proceeding with the writ petition
Legislation cited
Subjects
- writ petition
- liberty to file
- Section 107
- procedural order
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2203 of 2026
======================================================
Urmila Devi W/o- Ramayan Singh R/o- Jagaranatha, Bairia Thakurai, P.S.-
Kuchaikote, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Department of Excise, Bihar, Patna.
2. The District Magistrate, Gopalganj.
3. The Superintendent of Police, Gopalganj.
4. The S.H.O. Kuchaikote P.S., District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepankar Raj, Adv.
For the Respondent/s : Mr.Government Advocate (02)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 23-02-2026 Though the present writ petition has been filed
challenging the order dated 29.10.2025, passed by the learned
Court of Additional District and Sessions Judge-IV, Gopalganj
under Section 107 of the Bharatiya Nagarik Suraksha Sanhita,
2023, however at the outset, the learned counsel for the
petitioner seeks not to press the present writ petition,
nonetheless seeks liberty on behalf of the petitioner to challenge
the said order dated 29.10.2025, by taking recourse to the
appropriate remedy available under the law. Liberty, so sought,
is granted.
2. It is needless to state that in case appropriate petition, as
Patna High Court CWJC No.2203 of 2026(2) dt.23-02-2026
2/2
permissible under the law, is filed challenging the aforesaid
order dated 29.10.2025 within a period of one week from today,
the same shall be listed on priority basis.
3. The registry of this Court is directed to return back the
certified copy of the orders, passed by the learned Trial Court,
which have been annexed as Annexures P/4 and P/5, by
tomorrow.
4. Accordingly, the present writ petition stands disposed off
as not pressed, however with the aforesaid liberty.
(Mohit Kumar Shah, J)
( Alok Kumar Pandey, J)
Ajay/-
U
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