Anil Singh Vs The State of Bihar through The Chief… — Writ and Judicial Review | Patna HC (2026)

Anil Singh Vs The State of Bihar through The Chief… — Writ and Judicial Review | Patna HC (2026)

What the court decided

AI extract

Outcome

Permission accorded to convert the present writ petition into a criminal miscellaneous petition under appropriate heading within two weeks; Office directed to extend all cooperation towards conversion.

Issue for consideration

Maintainability of the present writ petition: the petitioner is effectively challenging two judicial orders (trial court rejection of the vehicle-release prayer and the revisional court's upholding thereof) through Article 226 writ jurisdiction. +1 more

Court's answer

Proceeding on the Supreme Court decisions in Neeta Singh and Pradnya Pranjal Kulkarni relied upon in para 2 of the order, judicial orders are not amenable to writ jurisdiction under Article 226 of the Constitution of India, though they may be challenged under Article 227 of the Constitution or Section 528 of BNSS; this Court adopted that position as the basis for treating the present writ petition as improperly framed.

Ratio / Principle

Permission is accorded to the petitioner to convert the present writ petition into a criminal miscellaneous petition under appropriate heading, to be effected within two weeks, with the Office directed to extend all cooperation towards the conversion.

Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J.), order dated 09-01-2026, in Criminal Writ Jurisdiction Case No. 569 of 2025 arising out of Ramgarh (Nuaon) P.S. Case No. 98 of 2024 (Sections 414/34 IPC read with Sections 11(i)(d)(e)(f) of Prevention of Cruelty of Animal Act): the petitioner sought release of his seized Bolero Pick-up vehicle (BR-44GA-5228) but stood already refused by the Judicial Magistrate, 1st Class, Mohania (order dated 30.05.2024) and by the Sessions Judge, Kaimur at Bhabua in Criminal Revision No. 94/2024 (order dated 21.09.2024), so that the writ petition effectively challenged two judicial orders. Relying on the Supreme Court decisions in Neeta Singh & Ors. Vs. State of Uttar Pradesh & Ors. (SLP (Crl.) No. 13578 of 2024) and Pradnya Pranjal Kulkarni Vs. State Of Maharashtra & Anr (SLP (Crl.) No. 13424/2025) that judicial orders are not amenable to writ jurisdiction under Article 226 but may be challenged under Article 227 of the Constitution or Section 528 of BNSS, the Court accorded permission to convert the petition into a criminal miscellaneous petition under appropriate heading within two weeks, with the Office to cooperate in the conversion.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.569 of 2025

Arising Out of PS. Case No.-98 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua)

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Anil Singh, Son of Ramji Singh @ Ram Ji Singh, R/o village - Narbatpur, Chausa, P.S.- Buxar Mufassil, District - Buxar.

... ... Petitioner/s

Versus

The State of Bihar through The Chief Secretary, Home Department, Govt. of Bihar, Patna. Bihar

The Principal Secretary, Transport Department, Govt. of Bihar, Patna Bihar

The District Magistrate-cum-Collector, District - Kaimur. Bihar

The Superintendent of Police, District - Kaimur. Bihar

The S.H.O., Ramgarh (Nuaon) P.S., District - Kaimur. Bihar

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Arvind Kumar Pradhan, Advocate For the Respondent/s : Mr.G.P.7 ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 09-01-2026 Apparently, the petitioner has approached this Court

against the two judicial orders dated 30.05.2024 passed by the learned Judicial Magistrate, 1^st Class, Mohania in Ramgarh (Nuaon) P.S. Case No. 98 of 2024 as well as order dated 21.09.2024 passed by the learned Sessions Judge, Kaimur at Bhabua in Criminal Revision No. 94 of 2024, although prayer has been made seeking direction to the respondent authorities for release of the Bolero Pick-up vehicle bearing registration no. BR-44GA-5228 in favour of the petitioner, which has been seized in connection with Ramgarh (Nuaon) P.S. Case No.98 of 2024, registered under Sections 414/34 of Indian Penal Code

Patna High Court CR. WJC No.569 of 2025(2) dt.09-01-2026 2/3

read with Sections 11(i)(d)(e)(f) of Prevention of Cruelty of Animal Act. However, the petitioner has approached the learned trial court seeking release of the aforesaid vehicle and the prayer for release of the vehicle was rejected vide order dated 30.05.2024 passed by the learned Judicial Magistrate, 1^st Class, Mohania. Subsequently, the petitioner preferred Criminal Revision No.94/2024 before the learned Sessions Judge, Kaimur at Bhabua and the learned revisional court upheld the order of the learned trial court and rejected the criminal revision petition of the petitioner. Therefore, effectively, the petitioner has been challenging two judicial orders in the garb of seeking release of his vehicle.

The Hon’ble Supreme Court in the case of Neeta Singh & Ors. Vs. State of Uttar Pradesh & Ors. in Special Leave Petition (Crl. A. No. 13578 of 2024) and Pradnya Pranjal Kulkarni Vs. State Of Maharashtra & Anr in Special Leave to Appeal (Crl.) No.13424/2025, has held that judicial orders are not amenable to writ jurisdiction under Article 226 of the Constitution of India, though the same may be challenged under Article 227 of the Constitution or Section 528 of BNSS.

At this stage, the learned counsel for the petitioner seeks permission to convert the present petition into a criminal

Patna High Court CR. WJC No.569 of 2025(2) dt.09-01-2026 3/3

miscellaneous petition under appropriate heading.

Permission is accorded.

Learned counsel for the petitioner is directed to

convert the present petition into a criminal miscellaneous petition under appropriate heading within two weeks.

Office is directed to extend all cooperation towards

conversion.

(Arun Kumar Jha, J)

V.K.Pandey/-

U T