Asraf Ali v. The State Of Bihar Through Principal Secretary, Department Of Home, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.21 of 2017 ======================================================

1. Asraf Ali Son of late Abdul Sakur Resident of Momin Tola, Ward No. 6, Madhubani, Police Station- Madhubani sadar, District- Madhubani .... Petitioner

Versus

1. The State of Bihar Through Principal Secretary, Department of Home, Bihar, Patna .

2. The Principal Secretary, Departmet of Home, Bihar, Patna.

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

4. The Inspector General of Police, Darbhanga Zone, Darbhanga.

5. The Deputy Inspector General of Police, Darbhanga Zone, Darbhanga.

6. The Superintendent of Police, Madhubani.

7. The Thana In-charge, Madhubani Town Police Station, DistrictMadhubani.

8. Sri Atul Kumar Mishra Son of not known to the petitioner, the then Sub Inspector, town Police Station Madhubani.

9. Sri Neeraj Kumar Son of not known to the petitioner, the then Sub Inspector Town Police Station, Madhubani.

10. Chandra Kant Mishra Son of not known to the petitioner, the then Sub Inspector, Town Police Station- Madhubani .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Karna, Adv. For the Respondents : Mr. Manish Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-07-2017 The petitioner is complainant of Complaint Case No. 1231 of 1998.

The present writ application has been filed to issue mandamus against the State-respondents to execute the warrant of arrest issued against respondents 8 to 10.

Submission of the learned counsel for the petitioner is that in fact respondents 8 to 10 had appeared before the learned Court below and were allowed bail. Subsequently, they misused the privilege of bail and learned Court below cancelled their bail bonds.

After hearing the parties and considering the fact that the Court below is competent enough to take action according to

Patna High Court Cr. WJC No.21 of 2017 (3) dt.25-07-2017 2/2 law against the authorities to whom warrant of arrest of respondents 8 to 10 was addressed for non-compliance of the direction of the Court. No further persuasion is needed in this jurisdiction.

The learned Court below wherever the case is pending is directed to take appropriate action in this matter. With the aforesaid observations and directions, this writ application stands disposed off.

(Birendra Kumar, J) SA/- U √ T √