Nehal Ghani v. The State Of Bihar Through The Additional Chief Secretary, Department Of Home, Govt. Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.811 of 2026 ====================================================== Nehal Ghani S/o Md. Iqbal Ghani R/o Village - Lodipur, Khusrupur, P.S - Khusrupur, District - Patna, Bihar ... ... Petitioner
Versus
1.
The State of Bihar through the Additional Chief Secretary, Department of Home, Govt. of Bihar, Patna.
2.
The Director General of Police, Bihar, Patna 3.
The District - Magistrate, Patna 4.
The Senior Superintendent of Police, Patna Bihar 5.
The Superintendent of Police (Rural), Patna 6.
The SDPO, Fatuha, Patna 7.
The Officer-in-Charge, Khusrupur Police Station, Patna, Bihar ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Anand Kumar Tiwari, Advocate Mr. Abhishek Kumar, Advocate Mr. Aditya, Advocate For the State :
Mr. P.N. Sharma, AC to A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 20-04-2026 Heard learned counsel for the petitioner and learned AC to AG for the State of Bihar.
2. The petitioner in the present case is seeking the following reliefs:- "i. For issuance of an appropriate writ/order/direction, directing the respondents to produce the cousin brother of the petitioner namely Mozahid Ghani, S/o Mojaz Ali Zabber (hereinafter referred to as "the detenue"), who is under illegal detention of the police of Khusrupur
Patna High Court CR. WJC No.811 of 2026(2) dt.20-04-2026 2/3 Police Station, District- Patna;
ii. For issuance of an appropriate writ/order/direction, declaring the detention of detenu as illegal;
iii. For issuance of an appropriate writ/order/direction, directing the immediate release of the detenu;
iv. For issuance of an appropriate writ/order/direction, directing the proper medical examination of the detenu in order of ensuring/detecting the torture and trauma on his body.
v. For issuance of an appropriate writ/order/direction, directing the concerned respondent(s) to make compensation for the illegal and wrongful detention;
vi. For issuance of an appropriate writ/order/direction, directing the respondent police not to detain or harass or assault etc, further to the petitioner, his father and their any other family members.
vii. For issuance of an appropriate writ/order/direction, for initiation of appropriate proceedings against the erring police officials; viii. For issuance of any other relief(s) to which the petitioner is found entitled for giving complete justice to him."
3. It is the case of the petitioner that his cousin Mozahid Ghani is in illegal detention of the Khusrupur Police, however, in course of his submission, learned counsel for the petitioner has produced a copy of the FIR No. 195 dated
Patna High Court CR. WJC No.811 of 2026(2) dt.20-04-2026 3/3 02.04.2026 lodged with Khusrupur Police Station with regard to the murder of one Aftab Alam, the husband of the informant. The name of the petitioner transpired in connection with the said case in the statement of the informant.
4. Learned counsel for the petitioner submits that the said Mozahid Ghani has been produced before the learned Jurisdictional Magistrate on 08.04.2026 and the learned Magistrate has given his remand to the police for purpose of interrogation.
5. On query made from learned counsel for the petitioner, this Court has been informed that before the learned Jurisdictional Magistrate, the accused did not raise any issue of his illegal arrest/detention.
6. In the aforesaid view of the matter, we are of the considered opinion that this Writ of Habeas Corpus as framed is not fit to be entertained. It is dismissed accordingly. (Rajeev Ranjan Prasad, J) (Soni Shrivastava, J) lekhi/- U