Shri Kailash Bihari Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18339 of 2023 ====================================================== Shri Kailash Bihari Choudhary s/o Late Darsu Choudhary, R/o Bhagatpur, P.S.-Balia, District-Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.

2.

The Home Secretary, Govt. of Bihar, Old Secretariat, Patna. 3.

The Director General of Police Bihar, Sardar Patel Bhawan Bailey Road, Patna.

4.

Mr. Aakash Kumar, Superintendent of Police, Begusarai. 5.

Kumar Veer Dhirendra, Deputy Superintendent of Police, Balia, DistrictBegusarai. 6.

Station House Officer, Balia Police Station, District-Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra, Advocate For the Respondent/s :

Mr.Manish Kumar (Gp4) Mr.Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of an appropriate writ directing the respondent no. 1 to 3 to setup impartial enquiry against the criminal acts and for committing torturous behaviour by respondent no. 4 to 6 who dragged the petitioner forcibly from his residential house, Bhagatpur, Begusarai in the intervening night of 05/06.03.2021 got him seated in the police jeep without any authority or orders, apart from grant of following:

Patna High Court CWJC No.18339 of 2023(2) dt.21-06-2024 2/2 RELIEFS:- (i) Respondent No.1 to 3 be directed to be prosecute and punish the Respondent No. 4 to 6 by initiating appropriate proceedings for their illegal acts in discharge of official duty who arrested the petitioner without any order/ warrant inserted by any competent court and put him for about 12 hours under wrongful confinement in Baliya Police Station, Begusarai.

(ii) Respondent No. 4 to 6 be directed to pay appropriate heavy compensation to the petitioner for putting him under wrongful confinement apart from other legal action."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. Accordingly, the present writ petition stands dismissed.

(Mohit Kumar Shah, J) Saurav/- U