Rajendra Singh v. The State Of Bihar, Through The Chief Secretary, Government Of Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2317 of 2025 ====================================================== Rajendra Singh Son of Late Satya Narayan Singh Resident of Village - Sikti, Khanjaha Tola, Pachrukhwa, P.S.- Mashrakh, District - Saran, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. Bihar 2.
The Secretary, Department of Home, Government of Bihar, Patna. Bihar 3.
The Director General of Police, Bihar, Patna. Bihar 4.
The Inspector General of Police, Bihar, Patna. Bihar 5.
The Deputy Inspector General of Police, Saran Division, Saran at Chapra. Bihar 6.
The Superintendent of Police, Saran, District - Saran at Chapra. Bihar 7.
The Deputy Superintendent of Police, Marhaura - 2, Mashrakh, Saran, District - Saran at Chapra. Bihar 8.
The Station House Officer-cum-Officer In-Charge, P.S.- Mashrakh, District - Saran at Chapra. Bihar 9.
The Secretary, Ministry of Home Affairs, Government of India, New Delhi. New Delhi 10.
The Chairman, Human Rights Commission, Arunachal Pradesh, Itanagar. Arunachal Pradesh 11.
The Director General of Police, Arunachal Pradesh, Itanagar. Arunachal Pradesh 12.
The Superintendent of Police, Kurung Kumey (Arunachal Pradesh). Arunachal Pradesh 13.
The Station House Officer-cum-Officer In-Charge, P.S.- Koloriang, District - Kurung Kumey Arunachal Pradesh 14.
Abhishek Kumar Singh Son of Sunil Singh Originally Resident of Village - Nawada, P.O.- Sahwan, P.S.- Isuapur, District - Saran at Chapra and presently working as Manager, Bharat Petroleum Auto-Energy Station, Koloriang, P.S.- Koloriang, District - Kurung Kumey (Arunachal Pradesh). 15.
Sunil Singh Son of Ramadhar Singh Resident of Village - Nawada, P.O.- Sahwan, P.S.- Isuapur, District - Saran at Chapra and presently residing at Koloriang, P.S.- Koloriang, District - Kurung Kumey (Arunachal Pradesh). ... ... Respondent/s ====================================================== Appearance :
For the Petitioner :
Mr. Nityanand Mishra, Advocate Ms. Diksha Kumari, Advocate Mr. Alok Abhinav, Advocate For the Respondent Nos. 11,12,13:
Mr. Ajay Kumar Thakur, Advocate
2/5 Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the State :
Mr. Prabhu Narayan Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 10-02-2026 Re: I.A. No. 01 of 2026 An Interlocutory Application, being I.A. No. 01/2026, has been filed seeking the following relief:- "(f) For quashing of the Notice issued vide Reference No. KLG P.S. Case No. 13/2025 U/S 316(4) BNS, 2023 dated 28.10.2025 issued by the Officer In-Charge, Police Station- Koloriang, Kurung Kumey District (A.P.) (Respondent No. 13), whereby and where under the Respondent No. 13 has sent Notice U/S 179 BNSS, 2023 to the petitioner along with sons namely Niraj Kumar Singh and Montu Kumar Singh and Son-in-law of Sh.
Rajendra Singh namely Manu Kumar Singh for physical appearance to depose statements etc., in connection with so-called Koloriang P.S. Case No. 13/2025, failing which the Respondent No. 13 may take legal action against them under section 208 of the BNS, 2023, which is illegal, perverse and afterthought with intention to drag the entire family of the petitioner in Criminal Case without serving the copy of F.I.R. and other related documents of the said F.I.R.. The said Notice dated 28.10.2025 have been received on 23.12.2025 through the WhatsApp created on Mobile No. 9801950190 registered in the name of Manoranjan Kumar Singh @ Montu Kumar Singh (Son of the petitioner).
3/5 (g) For further directing/commanding the Respondents concerned, i.e., higher authority for taking legal action against the Respondent No. 13, who has in connivancewith Respondent No. 14 & 15 lodged false FIR bearing Koloriang P.S. Case No. 13/2025 against the petitioner and his family members for harassing them physically, mentally and financially, because the Koloriang Police Station is far away about 1400 kms. from the resident/village of the petitioner and the petitioner has already submitted his application on 24.07.2025(Annexure-P/1) for lodging F.I.R. against the Respondent No. 14 and 15 for illegal detention of the younger son/corpus/detenu of the petitioner namely Sunny Kumar Singh, who has now recovered through the legal process/order of this Hon'ble Court."
2. Learned counsel for the State submits that the F.I.R. bearing KLG P.S. Case No. 13/2025 under Section 316(4) B.N.S., 2023, dated 28.10.2025, has been instituted at Police Station- Koloriang, Kurung Kumey, District (A.P.), StateArunachal Pradesh. It is further submitted that the said F.I.R. falls within the territorial jurisdiction of the State of Arunachal Pradesh and is not within the territorial jurisdiction of the State of Bihar or of this Court.
3. In view of the above, the petitioner is at liberty to approach the Court having competent jurisdiction for redressal of his grievance.
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4. With the aforesaid liberty, the Interlocutory Application No. 01 of 2026 stands disposed of. Re: Cr. WJC No. 2317 of 2025
5. The present writ of Habeas Corpus has been filed for the following reliefs:- "a. For issuance of writ in the nature of Habeas Corpus or any other appropriate writ/order/direction commanding the respondents concerned to forthwith recover, and produce the corpus of the Petitioner's Son namely Sunny Kumar Singh (Corpus/Detenu) before this Hon'ble Court, who has been illegally detained by Respondent No. 14 & 15 in suspicious circumstances from the place where he was working as a "Nozzle Man" at Bharat Petroleum Auto- Energy Station, Koloriang, P.S.- Koloriang, District- Kurung Kumey (Arunachal Pradesh) and illegally detained since 22.05.2025. b. For further direct the respondents concerned to lodge an F.I.R. against the Respondent No. 14 & 15 which has already been submitted by way of application dated 24.07.2025 bearing Diary No. 102/2025 before the S.H.O., Mashrakh (Respondent No. 8), and to take all necessary steps for their immediate apprehension and custodial interrogation and also taking necessary steps for safe recovery of the son (Sunny Kumar Singh) of the petitioner.
c. For further direct the respondents concerned to constitute a Special Investigation Team or monitoring of the investigation by a Senior Police Officer not below the rank of Superintendent of Police for ensuring a fair, impartial, and expeditious
5/5 investigation in the matter.
d. For further direct the respondents concerned to submit periodical status reports before this Hon'ble Court regarding the progress of the investigation and steps taken for the safe recovery of Sunny Kumar Singh (Corpus).
e. For issuance of any other relief or relief(s) for which the petitioner is entitled to in accordance with law."
6. From a perusal of the records, it appears that the corpus, namely Sunny Kumar Singh, has already been recovered. The said fact has not been disputed by learned counsel for the petitioner.
7. In view of the aforesaid fact, no further orders are required to be passed in the present habeas corpus petition. Accordingly, the present criminal writ application stands disposed of.
8. Pending application(s), if any, shall also stand disposed of.
(Sudhir Singh, J) (Rajesh Kumar Verma, J) Sachin/- U T