Vikash Kumar Vs the State of Bihar through the Principal… — Cheating and Forgery | Patna HC (2025)

Vikash Kumar Vs the State of Bihar through the Principal… — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondent nos. 5 & 6 to obtain the help of the concerned police station at Bengaluru (Karnataka) for execution of the warrant against accused nos. 1 & 2, to take appropriate action for arresting accused nos. 3 & 4 from Bihar, and to produce the accused before the trial Court under arrest, compliance within one month of communication of the order.

Issue for consideration

Whether the procedural steps taken by the police so far (Section 41(A) notice, prayer for warrant of arrest, Section 82 process) were satisfactory. +1 more

Court's answer

Respondent nos. 5 & 6 were directed to take the help of the concerned police station at Bengaluru in the State of Karnataka for execution of the warrant issued against accused nos. 1 & 2.

Ratio / Principle

The Court was not satisfied with the police steps taken so far, terming them paper transactions, and required that the accused persons be produced before the trial Court under arrest.

Key takeaways

The said respondents were further directed to take appropriate action for arresting accused nos. 3 & 4 from the State of Bihar.ratio¶21
The above directions were to be executed within one month from the date of communication of the order.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Bibek Chaudhuri, J.) disposed of Criminal Writ Jurisdiction Case No.182 of 2024 (Vikash Kumar v. State of Bihar and others), arising from Patrakar Nagar P.S. Case No. 176 of 2022 dated 11th April, 2022 under Sections 406/420/120(B) IPC. Although the I.O. found the informant's case true and the police had issued a notice under Section 41(A) Cr.P.C., prayed for a warrant of arrest, and subsequently initiated a process under Section 82 Cr.P.C., the accused remained unarrested even after rejection of anticipatory bail by the learned Sessions Judge, Patna. Holding such steps to be mere 'paper transactions', the Court directed respondent nos. 5 & 6 to take the help of the concerned police station at Bengaluru (Karnataka) for execution of the warrant against accused nos. 1 & 2, and to take appropriate action for arresting accused nos. 3 & 4 from Bihar, the entire direction to be executed within one month of communication of the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.182 of 2024

Arising Out of PS. Case No.-176 Year-2022 Thana- PATRAKARNAGAR District- Patna

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

Vikash Kumar S/O Rajendra Prasad (Manager/Authorized Signatory Of M/S Shanti Traders), Resident Of Bhupatipur, Idea Tower, Ramkrishna Nagar, Ps. Ramkrishna Nagar, Dist. Patna-800027, Presently Working At Shanti Traders At Mig-156, Hanuman Nagar, Ps. Patrakar Nagar, Dist. Patna( Bihar).

... ... Petitioner/s

Versus

The State Of Bihar Through The Principal Secretary, Home Dept., Govt. Of Bihar, Patna. Bihar, Patna

The Director General Of Police, Bihar, Patna Bihar, Patna

The Inspector General Of Police, Patna Zone, Gandhi Maidan, Patna Bihar, Patna

The Senior Superintendent Of Police, Patna Bihar, Patna

The Superintendent Of Police (East), Patna Bihar, Patna

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Saroj Kumar Sharma For the Respondent/s : Mr. Gp.9 ======================================================

3 02-04-2025

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER In connection with Patrakar Nagar P.S. Case No. 176

of 2022 dated 11^th April, 2022 under Sections 406/420/120(B) of the Indian Penal Code, Police took up the investigation.

From the counter affidavit filed on behalf of respondent no.4, it is ascertained that during investigation the I.O. found the case filed by the informant is true. However, till date the accused persons have not been arrested in spite of rejection of anticipatory bail by the learned Sessions Judge, Patna.

The counter affidavit filed on behalf of the respondents speaks of the steps taken by the police authority

Patna High Court CR. WJC No.182 of 2024(3) dt.02-04-2025 2/2

against the accused persons by sending notice under Section 41(A) of the Cr.P.C., making prayer before the concerned Court to issue warrant of arrest and subsequently a process under Section 82 of the Cr.P.C.

This Court is not satisfied with all such paper transactions. This Court wants the accused persons to be produced before the trial Court under arrest. Therefore, the respondent nos. 5 & 6 are directed to take help of the concerned police station at Bengaluru in the State of Karnataka for execution of warrant issued against accused nos. 1 & 2. Similarly, the above named respondents shall take appropriate action for arresting the accused nos. 3 & 4 from the State of Bihar.

The above order shall be executed within one month from the date of communication of this order.

With this direction, the instant writ petition is disposed of.

The learned counsel for the respondents are at liberty to communicate the server copy of the order.

(Bibek Chaudhuri, J)

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