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Patna High Court

Rajesh Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court adjourned the hearing and warned that a warrant of arrest will be issued against the absent S.I. if he does not appear at the rescheduled time.

Summary

Petitioner Rajesh Kumar Yadav filed a writ petition against the State of Bihar. The Patna High Court ordered the Superintendent of Police, Gopalganj, to appear online and to ensure the presence of Sub‑Inspector Surendra Rai. The Superintendent confirmed he had read the order and initiated action against the S.I., but the S.I. was absent and could not be contacted. The Court adjourned the matter to 2:15 PM the same day, warning that if the S.I. does not appear, a warrant of arrest will be issued. The matter was therefore postponed pending the S.I.'s appearance.

Issues considered

  • What procedural step should the Court take when a summoned police officer fails to appear in an online hearing?

Subjects

  • online hearing
  • non‑appearance
  • arrest warrant
  • procedural order
  • police officer

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2958 of 2026
                 ======================================================
                 Rajesh Kumar Yadav
                                                                             ... ... Petitioner
                                                    Versus
                 The State of Bihar and Others
                                                                         ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Hemant Ray, Advocate
                 For the State         :       Mr. Sudhir Kumar Singh, AC to SC-23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

5   17-06-2026                  Pursuant to our        order    dated 16.06.2026, the

                   Superintendent of Police, Gopalganj is present online. On the

                   query made by this Court as to whether he has gone through the

                   order of this Court passed yesterday and what is his opinion in

                   this regard, the Superintendent of Police, Gopalganj has made a

                   statement that he has gone through the order of this Court and

                   has initiated administrative action against the S.I. Surendra Rai.

                                2. We had directed presence of S.I. Surendra Rai as

                   well but he is not present online. The Additional SHO of the

                   concerned police station is present. He has informed that since

                   yesterday night he is trying to contact Surendra Rai over his

                   mobile but his mobile is coming switched off and he is not

                   traceable for the present. He is also not on leave today.

                                3. We would have directly issued warrant of arrest
          Patna High Court CWJC No.2958 of 2026(5) dt.17-06-2026
                                                      2/2




                    against S.I. Surendra Rai but on the assurance given by the

                    Additional SHO, Dinara Police Station where S.I. Surendra Rai

                    is posted presently, we are adjourning the matter to be taken up

                    at 02:15 PM today.

                                4. If at 02:15 PM, S.I. Surendra Rai does not make

                    himself available before the Court online, this Court shall

                    consider issuing warrant of arrest against him.

                                5. Let the matter be called out today at 02:15 PM once

                    again.

                                6. The Superintendent of Police, Gopalganj shall

                    bring this matter to the knowledge of the S.P., Rohtas who is

                    expected to act swiftly in the matter to make presence of S.I.

                    Surendra Rai before this Court in the online hearing.



                                         (Rajeev Ranjan Prasad, J)


                                               (Kumar Manish, J)
lekhi/-

U


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