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2026 Supreme(Online)(Pat) 4176

PATNA HIGH COURT
RAJEEV RANJAN PRASAD, SHAILENDRA SINGH, JJ
Surendra Devang Paswan @ Surendra Paswan – Appellant
Versus
The State of Bihar through the Principal Secretary, Home Department, Govt of Bihar, Patna – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Nishant Choudhary, Advocate, Mr. Gopal Krishna Nishant, Advocate, Mr. Shubham Kumar, Advocate
For the Respondents: Mr. P.N. Sharma, AC to A.G.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2 05-01-2026 Heard learned counsel for the petitioner and learned AC to AG for the State of Bihar.

2. This is the second writ application filed by the petitioner seeking a writ in the nature of Writ of Habeas Corpus. In his first writ application being Cr.WJC No. 469 of 2023, the petitioner alleged that his wife Babita Kumari was kidnapped and she was under illegal detention of one Ram Sagar Paswan. This Court issued notice to them whereupon they appeared. Wife of the petitioner informed this Court that she had left the company of the petitioner voluntarily and is cohabiting with Ram Sagar Paswan out of her free will. Thereafter, the writ application was disposed of as dismissed.

3. In the present writ application, the petitioner is seeking custody of his minor son (Respondent No. 6) who is said to be in unauthorized custody of Ram Sagar Paswan and Babita Kumari.

4. On going through the writ application, it appears that the petitioner has filed an application under the Guardian and Ward Act , 1890 giving rise to Application No. 2

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