Raja Babu v. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1392 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Purnia ====================================================== Raja Babu S/O Bablu Kumar Mahto Temporary R/O Brahmasthan, PostSahara, P.s.- K. Nagar (Maranga), Dist.- Purnea- 854303 ... ... Petitioner/s

Versus

1.

The State of Bihar, Through the Chief Secretary, Govt. of Bihar, Patna. Bihar 2.

The Principal Secretary, Home Dept. Govt. of Bihar, Patna Bihar 3.

The Director General of Police, Bihar, Patna. Bihar 4.

The Inspector General of Police, Purnea Range, Bihar Bihar 5.

The Superintendent of Police, Purnea, Bihar Bihar 6.

The SHO, Kamakhya Nagar P.s., Dist.- Purnea Bihar 7.

Any other authority this Honorable Court deems fit. Bihar ... ... Respondent/s ====================================================== Appearance :

The Petitioner :

Mr. Raja Babu, In person For the Respondent/s :

Mr. Prabhu Narayan Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI) 10-07-2025 In pursuance to the notice issued by this Court, Mr. Raja Babu has remained present before this Court.

2. We have heard Mr. Raja Babu in person and Mr. Prabhu Narayan Sharma, learned AC to AG for the State.

3. The present proceedings has been initiated on the basis of the c-mail sent by the petitioner Mr. Raja Babu on 08.06.2025 to the learned Registrar General of High Court of Judicature at Patna. In the said e-mail, the petitioner has levelled

2/4 allegation against the respondents police authorities, by alleging that the friend of the petitioner, namely, Raj Kumar Ray has been illegally detained by the respondents police officials and he has been severely assaulted by the said police authorities. On the basis of the said information provided, the learned Registrar of this Court placed the matter before Hon'ble the Acting Chief Justice and thereafter, after taking his permission, the present proceedings has been initiated.

4. It has been mainly contended by the petitioner that the present habeas corpus petition has been filed by the petitioner alleging that his friend Raj Kumar Ray has been illegally detained by the police. However, today during the course of hearing, the petitioner party in person has submitted that after the arrest of Raj Kumar Ray, FIR was immediately lodged and he was arrested by the police. Thereafter the said person has been released on bail on 01.07.2025.

5. The petitioner submitted before this Court that he is having evidence with regard to the illegal detention of his friend. However, it appears from the record that the said evidences were not produced before the Court. Further, after the mail was received from the petitioner, the Registrar (Administration) of High Court of Judicature at Patna called for a report from the

3/4 learned Principal District & Sessions Judge, Purnea. The learned Principal District & Sessions Judge, Purnea submitted his report on 20.06.2025 to this Court.

6. We have perused the said report. In the report dated 20.06.2025, the concerned District Judge has specifically stated that Raj Kumar Ray, i.e., the friend of the present petitioner, was arrested in connection with FIR lodged under Sections 126(2), 115(2), 221, 121(1), 351(2) and 132 of BNS against Raj Kumar Ray. The said person was arrested in connection with the said FIR and thereafter produced before the Court on 08.06.2025 along with the memo of arrest, checklist and medical fitness certificate. It has further been stated in the said report that, as per the order-sheet, no complaint was made by the accused at the time of remand before the court. Therefore, the said accused was remanded in the case and taken into judicial custody.

Further, the Superintendent, Central Jail, Purnea also submitted a report on the basis of the e-mail received from the present petitioner regarding the fracture of the hand of the concerned detenue. The said report was received on 12.06.2025. It has been stated that the said accused Raj Kumar Ray is fit and no fracture of hand was found.

4/4 the Investigating Officer before the court within time as per provision under Section 187 of BNS. Therefore, there is no question of illegal detention of Raj Kumar Ray, as alleged.

7. At this stage, it is required to be observed that the petitioner, party in person, has admitted before us during the course of hearing that against him also, two FIRs. have been registered. He has also filed various types of applications under Right to Information Act before various authorities.

8. In view of the report submitted by the learned Principal District & Sessions Judge, Purnea, we are of the view that the allegation levelled by the petitioner in the e-mail sent by him to the learned Registrar General of this Court are found false and, therefore, the present petition is required to be dismissed.

9. Accordingly, the present petition stands dismissed. (Vipul M. Pancholi, J.) (Sunil Dutta Mishra, J.) Sanjay/- U T