Prashant Kumar Rai v. The State Of Bihar, Through Its Chief Secretary, Government Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1579 of 2024 Arising Out of PS. Case No.-2089 Year-2012 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Prashant Kumar Rai, son of late Ramayan Rai, R/O Near Biscomaun Godown, Kaithwaliya, Ward no 7, P.S- Gopalganj, Dist- Gopalganj, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Its Chief Secretary, Government of Bihar, Patna. Bihar 2.

The Director General Of Police, Bihar, Patna. 3.

The Superintendent Of Police, Gopalganj, Bihar. 4.

The SHO, Gopalganj Police Station, Gopalganj, Bihar. 5.

Ajay Kumar Kedia, S/O late Mohan Lal Kedia, R/O Marwari Mohalla, P.SGopalganj, Distt.- Gopalganj, Bihar. 6.

Abhishek Kedia, S/O Ajay Kumar Kedia, R/O Marwari Mohalla, P.SGopalganj, Distt.- Gopalganj, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Shekhar Pandey, Advocate.

For the Respondent/s :

Mr.GP .22 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-06-2026 The present writ petition has been preferred for setting aside the order dated 14.02.2022 passed by learned Judicial Magistrate, 1st Class, Gopalganj, in Complaint Case No. 2089 of 2012 corresponding to Trial No. 1708 of 2021 whereby learned Judicial Magistrate has consigned the record of the case to the record room holding that vide order dated 11.12.2015, permanent warrant of arrest has been issued against the accused persons and the warrant has been actually issued by the office on 8.1.2016.

Patna High Court CR. WJC No.1579 of 2024(3) dt.25-06-2026 2/2

2. The grievance of the petitioner is that the permanent warrant issued against the accused persons is not being executed by the Police and nothing is being done by the Court or the Police in this regard. As such, the petitioner seeks execution of the permanent arrest warrant issued against the accused persons.

3. It goes without saying that it is for the court concerned who has issued the warrant to see it that the warrant is executed by the Police.

4. Hence, the petitioner can move appropriate application before the concerned Court for taking steps to ensure that permanent arrest warrant issued against the petitioner/accused persons is executed. Hence, if the petitioner moves such application before the court, the court will pass appropriate direction to the Police as per law.

5. Accordingly, the present petition is disposed of with liberty to the petitioner for moving appropriate application before the concerned court.

(Jitendra Kumar, J) S.Ali/- U T