Patna High Court

CR. WJC/520/2026 of DHARMENDRA KUMAR Vs The State of Bihar through the Principal Secretary of Law Department, Govt. of Bihar, Patna. on 13 August 2026

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COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.520 of 2026 Arising out of PS. Case No.-4171 Year-2023 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Dharmendra Kumar Son of Late Ram Dayal Rai Resident of Village -

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.520 of 2026

Arising out of PS. Case No.-4171 Year-2023 Thana- MUZFFARPUR COMPLAINT CASE

District- Muzaffarpur

======================================================

Dharmendra Kumar Son of Late Ram Dayal Rai Resident of Village - Makdumpur Kodria, P.S.- Karja, District - Muzaffarpur, Permanent resident of Nandpuri, Bhagwanpur, P.O.- Bhagwanpur, P.S.- Sadar, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary of Law Department, Govt. of Bihar, Patna. Bihar

2.

The Director General of Police, Bihar, Patna Bihar

3.

The Senior Superintendent of Police, District - Samastipur. Bihar

4.

The Superintendent of Police, District - Samastipur Bihar

5.

The Deputy Superintendent of Police, District - Samastipur Bihar

6.

The SHO, Warishnagar Police Station, District - Samastipur. Bihar

7.

Jaikant Rai Son of Late Ram Swarth Rai Resident of Village - Madhopur, Post - Kishanpur, P.S.- Warishnagar, District - Samastipur.

... ... Respondent/s

Appearance :

For the Petitioner/s

:

Mr. Kishore Saurabh, Advocate

For the Respondent/s

:

Mr. S.C. 15

======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

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ORAL ORDER

13-08-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief(s):- "For issuance of a writ in "Mandamus" whereby and whereunder commanding and directing the state respondents to take necessary measures in compliance of Order (i) Bailable warrant dated on 02.09.2024, (ii) Non-Bailable warrant dated on 30.10.2024 (iii) Issuance of Patna High Court CR. WJC No.520 of 2026(2) dt.13-08-2026

Section 82 of Cr.P.C. dated on 27.01.2025 (iv) Issuance of Section 83 Cr.P.C. dated on 21.03.2025 against the private respondent no. 7 in connection of Complaint Case No. 4171/2023 pending before Ld. Sri Vinay Kumar, JMFC 1st Muzaffarpur East Court No.

11. And it is necessary to bring before this Hon'ble High Court that the absconder is still evading his arrest while the ld. Trial Court exhausted all such above mentioned process of court and the state respondents completely failed to execute the order of ld. Trial court and never produced the private respondent in compliance of serving justice to the petitioner."

3. From the counter affidavit, it appears that all steps have been taken for ensuring the presence of private respondent No. 7 before the concerned Court and the proclamation under Section 82 Cr.P.C. and attachment under Section 83 Cr.P.C. have also been executed as submitted in paragraph 8 of the counter affidavit.

4. Since all the processes/steps have been taken for ensuring the presence of accused of Complaint Case No. 4171 of 2023 pending before the learned Judicial Magistrate, 1st Class, Muzaffarpur (East), therefore, nothing remains in the matter and as such the present writ petition stands disposed of.

Vikash/- (Arun Kumar Jha, J) U T

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