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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