Patna High Court

Shashi Bhushan DubeyversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The High Court disposed of the contempt petition without entertaining it, allowing the petitioner to pursue other legal remedies.

Summary

Shashi Bhushan Dubey filed a Miscellaneous Jurisdiction petition in the Patna High Court seeking contempt proceedings against several police officials for allegedly willfully ignoring an order dated 5 April 2023 in a criminal writ case. The petitioner claimed that a show‑cause notice had been issued but no proper investigation was conducted, and asked the court to direct the Superintendent of Police to produce additional investigative material. The State contended that all actions taken were fully detailed in the show‑cause notice. After hearing both sides, the court declined to examine the merits of the contempt claim and instead disposed of the petition, granting the petitioner liberty to pursue remedies under the Bihar Non‑Compliance of Statutory (BNSS) Act, 2023 and/or the Code of Criminal Procedure, 1973. No finding on contempt was made, and the petition was effectively dismissed without prejudice.

Issues considered

Whether the petitioner can initiate contempt proceedings for alleged willful non‑compliance of a prior court order
Whether the High Court should entertain the contempt petition without examining the merits of the alleged non‑compliance
Whether the petitioner may seek alternative remedies under the BNSS Act, 2023 and the CrPC

Legislation cited

Code of Criminal Procedure — s. 1973

Subjects

contempt
non‑compliance
show‑cause notice
criminal writ
high court
procedural law
investigation
police
legal recourse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2908 of 2023
                                                     In
                             Criminal Writ Jurisdiction Case No.1545 of 2022
                 ======================================================
                 Shashi Bhushan Dubey Son of Anil Kumar Dubey, R/o Village- Rampur
                 Mahesh, P.S. Bhagwanpur Hat, Dist.- Siwan.


                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through Principal Secretary, Department of Home namely
                 Sri S. Sidharth, Old Secretariat, Patna.
           2.    Mr. R.S. Bhatti, the Director General of Police, Government of Bihar, Patna.
           3.    Mr. Shailesh Kumar Sinha, the Superintendent of Police, Siwan, Bihar.
           4.    Mr. Rakesh Ranajn Kumar, the Sub Divisional Police Officer, Maharajganj,
                 Distt- Siwan.
           5.    Mr. Praveen Kumar Prabhakar, the Station House Officer, Bhagwanpur Hat
                 Police Station, Distt- Siwan.
           6.    Mr. Laxaman Yadav, the Investigating Office of Daraunda, P.S. Case No.
                 224 of 2022, Daraunda PS, Distt- Siwan, Bihar.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :    Mr. Md. Nadim Seraj (GP-5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   16-01-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The present MJC petition has been filed for

                   initiating contempt proceedings against the Opposite Parties for

                   willful and deliberate non-compliance of the order dated

                   05.04.2023 passed in Criminal Writ Jurisdiction Case No. 1545

                   of 2022.
         Patna High Court MJC No.2908 of 2023(3) dt.16-01-2026
                                                     2/2




                                3. Learned counsel for the petitioner submits that a

                   show-cause notice has been receive, however, according to him,

                   a proper investigation has not been conducted. Counsel further

                   submits that a direction may be issued to the Superintendent of

                   Police to produce the additional materials required for necessary

                   investigation.

                                4. Learned counsel for the State submits that whatever

                   action has been taken by the State authority has been

                   categorically indicated in the show-cause notice.

                                5. After hearing the parties, this Court, without

                   entering into the merits or demerits of the case, disposes of the

                   present MJC petition, granting liberty to the petitioner to take

                   legal recourse under the BNSS, 2023 and/or the Code of

                   Criminal Procedure, 1973.



                                                                 (Dr. Anshuman, J.)

Aman Kumar/-

U

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