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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2204 of 2026 CNR No. BRHC011063872026 Arising Out of PS. Case No.-27 Year-2026 Thana- Chitragupta Nagar District- Khagaria ======================================================

Shashi Bhushan Prasad Singh Son of Ramtapeshwar Singh Permanent R/o Village - Berain, P.O.- Berai, P.S.- Hathauri, District - Muzaffarpur, Bihar -

843129, and presently at Adhivakta Nagar, Ballia, Uttar Pradesh ... ... Petitioner Versus

1. The State of Bihar Through Its Pr. Secretary, Home Department, Govt. of Bihar, Patna. Bihar

2. Director General of Police, Govt. of Bihar, Patna Bihar

3. Inspector General, Prisons, Home Department, Govt. of Bihar, Patna Bihar

4. Deputy Superintendent of Police-Cum- Sub-Divisional Police Officer- 01, Sadar Khagaria, District - Khagaria, Bihar

5. Station House Officer, Police Station Chitragupt Nagar, District - Khagaria, Bihar Bihar

6. Investigating Officer, Police Station Chitragupt Nagar, District - Khagaria, Bihar Bihar

7. Nand Kumar Singh Son of Kedar Prasad Singh R/o Lohiyanagar, Ward No.

28, P.S.- Lohiyanagar, District - Begusarai, Bihar ... ... Respondents ======================================================

Appearance :

For the Petitioner/s : Mr.Abhijit Anand, Advocate Mr. Aditya Singh, advocate For the State : Mr.S.D. Sanjay, Advocate General Mr. Sanjeev Kumar Mishra, GP-21 Mr. Shashwat Agrawal, AC to AG Ms. Shravya Pathak, AC to AG For the Informant : Mr. Vindhya Keshri Kumar, Sr. Advocate Mr. Ram Shankar Pathak, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE RANA VIKRAM SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 30-10-2026 Heard learned counsel for the petitioner, learned Advocate General assisted by Mr. Shashwat Agarwal, learned AC to AG for the State of Bihar and Mr. Vindhya Keshri Kumar, learned Senior Counsel assisted by Mr. Ram Shankar Pathak, learned counsel for the informant.

2. This writ application has been preferred seeking the following reliefs:-

"(I) Issue a writ in the nature of Habeas Corpus or any other appropriate writ, order or direction, directing the Respondents, particularly the Respondent No. 3 to produce the Petitioner's son Divya Prakash before this Hon'ble Court, either physically or through Video-Conferencing, and to justify the legality of his arrest and continued detention;

(II) Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned illegal arrest of the Petitioner's son Divya Prakash dated 05.06.2026 made by the Investigating Officer/Respondent No. 6 in connection with F.I.R. No. 27/2026 dated 14.02.2026 registered at P.S. Chitragupt Nagar, District- Khagaria under Section 108/3(5) of BNS, along with the illegal arrest memo dated 05.06.2026, and declaring the same to be illegal, unconstitutional and void ab initio being in violation of Articles 21 and 22(1) of the Constitution of India and Sections 36, 47 and 48 of BNSS;

(III) Issue a writ in the nature of Certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned illegal Judicial remand order dated 06.06.2026 passed by the Ld. Chief Judicial Magistrate, Khagaria, Bihar remanding the Petitioner's son Divya Prakash to Judicial custody till 20.06.2026, the impugned order dated 20.06.2026 extending the Judicial remand till 04.07.2026, and all subsequent and consequential orders of remand/extension of Judicial custody, being consequential to and founded upon the illegal arrest;

(IV) Issue a writ, order or direction to the Respondents to forthwith release the Petitioner's son Divya Prakash from the illegal Judicial custody in District Jail, Khagaria, Bihar;

(V) Issue a writ, order or direction to the Respondent No. 1/State of Bihar to pay compensation to the Petitioner's son Divya Prakash @ Rs. 50,00