IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1143 of 2025 In Criminal Writ Jurisdiction Case No.2295 of 2024 ======================================================

Bhushan Prasad @ Shashi Kumar S/o Kishore Prasad @ Kishor Yadav, Resident of village- Balwapar, P.S.- Aungari (Peer Bigha O.P), District-

Nalanda.

... ... Appellant/s Versus

1. The State of Bihar.

2. The District Magistrate, Nalanda, Bihar.

3. The Superintendent of Police, Nalanda, Bihar.

4. The Sub-Divisional Officer, Hilsa, Nalanda, Bihar.

5. The Circle Officer, Ekangarsarai, Nalanda, Bihar.

6. The Station House Officer, Aungari, (Peer Bigha O.P), Bihar.

7. The Investigating Officer in Aungari, Pirbigha O.P., PS Case no 65 of 2024, Bihar.

8. Karu Prasad, S/o Late Sita Das, R/o Mohammadpur, Tola Balwapur, Post Officer Rasisa, PS Aungari (Peer Bigha O.P), Dist Nalanda.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Sanjeev Kumar, Advocate Mr. Shyamal Prakash, Advocate For the Respondent/s : Mr. Abbas Haider, SC- 6 Mr. Wasi Mohammad, AC to SC- 6 For the Resp. No.8 Mr. Sanjeet Kumar, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-02-2026 This Letters Patent Appeal has been filed by the appellant-writ petitioner Bhushan Prasad @ Shashi Kumar challenging the order dated 10.07.2025 passed by the learned Single Judge in Cr.W.J.C. No.2295 of 2024.

2. The writ petitioner approached this Court by filing the aforesaid writ petition seeking following reliefs:-

“i) To issue a writ in nature of Mandamus for a direction to the concerned respondents especially respondent Nos.3, and 6 to ensure the arresting the private respondent who is the accused of Aungari (Pirbigha O.P.) Police Station Case No. 65 of 2024 dated 24.08.2024 under Sections 190/191/126(2)/115(2)/118/109/ 351(3)/352/3(5) of the BNS, 2023 & 25(1-B)/26/27/35 Arms Act.

ii). To issue a writ in nature of Mandamus for a direction to the concerned respondents to provide security or to take any appropriate action to secure and protect the life and liberty of the petitioner and his family members.”

3. When the matter was taken up on 10.7.2025, the learned Single Judge passed the following orders:-

“3. The SHO of Aungari (Pirbigha OP), Police Station is directed to provide protection to the Circle Officer, Ekangersarai, Nalanda as on the application of the petitioner, the measurement is being done by the Circle Officer. Ekangersarai.

Nalanda.

“4. The Circle Officer, Ekangersarai, Nalanda will fix a date for measurement and he will inform the petitioner as well as the SHO of Aungari Police Station, Nalanda, thereafter, the measurement shall be done. In case any person interferes in the process of measurement, appropriate action shall be taken against him by the police.”

4. The learned counsel for the appellant contends that the impugned order is vitiated on account of violation of the principles of natural justice. There is no dispute that the appellant was respondent no.8 in the said writ petition and the order was passed on the very first date when the matter was listed “For Admission” without any notice to the appellant.

5. It is further submitted that the civil writ petition, bearing C.W.J.C. No. 3152 of 2024, is presently sub judice before this Court, in which the appellant was also a party. On these grounds, it is urged that the impugned order is liable to be set aside.

The learned counsel for the respondent no.8, however, submitted that C.W.J.C. No.3152 of 2024, which has been filed by him, has already been withdrawn on 15.07.2025, immediately after passing of the impugned order dated

10.07.2025 in Cr. WJC No.2295 of 2024.

6. A preliminary objection has been raised by the learned counsel appearing for the State as well as by the learned counsel for the respondent no.8, Karu Prasad, the petitioner in the writ-