Dhirendra Kumar v. The State Of Bihar Through Principal Secretary, Home Department, New Secretariat, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1362 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Siwan ====================================================== Dhirendra Kumar son of Shri Kameshwar Tiwari Resident of vill- Pipra P.ONautan P.S- Nautan Dist-Siwan At present Table No. 06, Main Hall, Lawyer association Patna High court ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home Department, New Secretariat, Patna Bihar 2.

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

The Inspector General of Police, Muzaffarpur Tirhut Zone, Muzaffarpur Bihar 4.

The DIG, Chapra Saran Bihar 5.

The District Magistrate, Siwan Bihar 6.

The Superintendent of Police, Siwan Bihar 7.

The SHO, Nautan Siwan Bihar 8.

Mr. Arvind Kumar, Ex. SHO of Nautan Siwan Bihar 9.

Mr. Ankit Ojha, Ex- Incharge, S.I, Nautan, Siwan Bihar 10.

Mr. Rakesh Kumar, Ex-S.I of Nautan Siwan Bihar 11.

Mr. Vijay Kumar Singh, Ex-SI of Nautan, Siwan Bihar 12.

Nirbhay Kumar Tiwari @ Ramu Tiwari son of Lt. Janardhan Tiwari VillagePipra Ps- Nauta Dist- Siwan 13.

Prashant Kumar Tiwari son of Abhay Kumar Tiwari Village- Pipra Ps- Nauta Dist- Siwan 14.

Niraj Kumar Tiwari son of Bipin Bihari Tiwari Village- Pipra Ps- Nauta Dist- Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Kant, Advocate For the Respondent/s :

Mr. Deepak Kumar AC to G.P.4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This writ petition has been filed for issuance of

Patna High Court CR. WJC No.1362 of 2024(2) dt.07-08-2025 2/3 appropriate writ/writs, order/orders and direction/directions to hold that the detention of the petitioner and his two brothers by Nautan Police from 08/05/2022 at 9:45 AM to 09/05/2022 at 4:00PM is illegal detention of the petitioner and the acts of respondent numbers 7 to 11 are illegal for which they should be held liable. It should be held that actions of respondent nos. 7 to 11 are contrary to law and for that they are liable to compensate the petitioner and his two brothers and appropriate proceedings should be initiated against them in view of the investigation report submitted by C.I.D. in compliance of this Court's order passed in Cr.W.J.C no 598/2022.

3. For the redressal of his grievances, the petitioner should have moved along with a representation before the Bihar Human Rights Commission.

4. This application is disposed of with liberty to the petitioner along with his representation to move before the Bihar Human Rights Commission for the redressal of his grievances.

5. If the petitioner along with his representation moves before the Bihar Human Rights Commission within one month from today then his representation shall be considered and decided by the Bihar Human Rights Commission on its

Patna High Court CR. WJC No.1362 of 2024(2) dt.07-08-2025 3/3 merits in accordance with law as the petitioner has been pursuing his remedy in this Court in the meantime. (Sandeep Kumar, J) Shishir/- U