Karuna Shahi Vs The State of Bihar through the… — Murder and Culpable Homicide | Patna HC (2026)

Karuna Shahi Vs The State of Bihar through the… — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Neither prayer granted (no direction for arrest of respondent nos. 7 and 8, no CBI handover); petitioner given liberty to have recourse of law in appropriate proceeding before appropriate forum including the Court of learned Chief Judicial Magistrate, Muzaffarpur.

Issue for consideration

Whether a writ direction should be issued for arrest of respondent nos. 7 and 8, who have been made accused in Ahiyapur P.S. Case No. 12 of 2021 dated 05.01.2021 under Sections 302 and 120B IPC pending before the Chief Judicial Magistrate, Muzaffarpur. +1 more

Court's answer

When the police did not procure any material to show the complicity of respondent nos. 7 and 8 in the offences as alleged in Ahiyapur P.S. Case No. 12 of 2021, this Court has no occasion to order for arrest of respondent nos. 7 and 8.

Ratio / Principle

Nothing remains in the present writ petition; however, the petitioner is at liberty to have recourse of law in appropriate proceeding before appropriate forum including the Court of learned Chief Judicial Magistrate, Muzaffarpur (implicitly declining the CBI handover prayer as well).

Detailed headnote1 paragraphs

Criminal Writ Jurisdiction (Patna High Court; Arun Kumar Jha, J; order dated 08-01-2026) — Petition seeking (i) direction for arrest of respondent nos. 7 and 8, FIR-named accused in Ahiyapur P.S. Case No. 12 of 2021 dated 05.01.2021 for offences under Sections 302 and 120B IPC pending before the Chief Judicial Magistrate, Muzaffarpur, and (ii) handover of the case to CBI — Police investigated and submitted closure report / final form vide form no. 1125 of 2025 dated 25.06.2025, closing the case against respondent nos. 7 and 8 on finding no concrete evidence of their complicity — Held: when the police did not procure any material to show the complicity of respondent nos. 7 and 8, the Court has no occasion to order their arrest; nothing remains in the writ petition; petitioner at liberty to have recourse of law in appropriate proceeding before appropriate forum including the Court of learned Chief Judicial Magistrate, Muzaffarpur — Writ petition disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.237 of 2022

Arising Out of PS. Case No.-12 Year-2021 Thana- AHIYAPUR District- Muzaffarpur

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Karuna Shahi W/O Dyashankar Prasad Shahi, Resident of Raghopur, P.S.Ahiyapur, District- Muzaffarpur, Pincode - 842004.

... ... Petitioner

Versus

The State of Bihar through the Chief Secretary, Bihar.

The Director General of Police, Bihar Bihar

The Inspector General of Police, Muzaffarpur Bihar

The Senior Superintendent of Police, Muzaffarpur Bihar

The Deputy Superintendent of Police (Town D.S.P.), Muzaffarpur Bihar

The Station House Officer, Ahiyapur, District- Muzaffarpur Bihar

Savita Shahi @ Pinki Shahi W/o Dilip Kumar @ Feku Shahi R/o villageRaghopur Shahbajpur, P.S.- Ahiyapur, District- Muzaffarpur

Yash Raj @ Yashsvi Parasar S/o Dilip Kumar @ Feku Shahi R/o villageRaghopur Shahbajpur, P.S.- Ahiyapur, District- Muzaffarpur

... ... Respondents

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Appearance : For the Petitioner : Mr. Mithlesh Kumar Gupta, Advocate Mr. Surendra Kumar, Advocat For the State : Mr. Suman Kumar Jha, Advocate Ms. Rupali Jha, AC to AAG-3 For R. No. 7 : Mr. Shiv Pratap, Advocate Ms. Kumari Shalini, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

12 08-01-2026

Heard the parties.

The present petition has been filed seeking

direction of arrest of respondent nos. 7 and 8, who have been made accused in Ahiyapur P.S. Case No. 12 of 2021 dated 05.01.2021 for the offences punishable under Sections 302 and 120B of the Indian Penal Code pending in the Court of Chief Judicial Magistrate, Muzaffarpur for trial and disposal and secondly direction for handover of the case to CBI.

Patna High Court CR. WJC No.237 of 2022(12) dt.08-01-2026 2/2

The police investigated the matter and State respondents have filed counter-affidavits submitting that a closure report / final form vide form no. 1125 of 2025 dated 25.06.2025 has been submitted with finding that despite all possible efforts to collect evidence to ascertain the complicity of FIR named accused / respondent nos. 7 and 8, no concrete evidence would be collected against them and thus, finding lack of evidence case was closed against respondent nos. 7 and 8.

When the police did not procure any material to show the complicity of respondent nos. 7 and 8, in the offences as alleged in Ahiyapur P.S. Case No. 12 of 2021, this Court has no occasion to order for arrest of respondent nos. 7 and 8.

Therefore, nothing remains in the present writ petition. However, the petitioner is at liberty to have recourse of law in appropriate proceeding before appropriate forum including the Court of learned Chief Judicial Magistrate, Muzaffarpur.

With the aforesaid observation, the present writ petition stands disposed of.

(Arun Kumar Jha, J)

Shahnawaz/-

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