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Patna High Court
Manoj Saw vs The State Of Bihar Through The Director ... on 19 February, 2026
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.316 of 2024
Arising Out of PS. Case No.-428 Year-2023 Thana- RAJAOLI District- Nawada
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Manoj Saw S/o Late Domi Saw Resident of Village-Chautha, P.O.-Rajauli,
P.S.-Rajauli, District-Nawada, Bihar-805125
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Old Secretariat,
Patna. Patna
2. The Inspector General of Police, Magadh Division, District-Nawada.
Nawada
3. The Deputy Inspector General of Police, Magadh Division, District-Nawada.
Nawada
4. The Superintendent of Police, Nawada, District-Nawada. Nawada
5. The Deputy Superintendent of Police, P.O and P.S.-Rajuali, District-Nawada.
Nawada.
6. Xavier Lakra, Sub-Inspector-Cum-Investigating Officer, P.O. and P.S.-
Rajuali, District-Nawada. Nawada.
7. Sihvalik Yadav S/o Lalo Yadav Sakin-Chautha, P.S.-Rajuali, District-
Nawada.
8. Sideshwar Yadav S/o Lalo Yadav Sakin-Chautha, P.S.-Rajuali, District-
Nawada.
9. Satish Yadav S/o Karu Yadav Sakin-Chautha, P.S.-Rajuali, District-Nawada.
10. Naresh Yadav S/o Lakahan Yadav Sakin-Chautha, P.S.-Rajuali, District-
Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Abhinay Priyadarshi, Advocate
For the Respondent/s : Mr. Sanjay Kumar, AC to GA-13
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 19-02-2026
The petitioner has filed the present writ petition
seeking following reliefs :
"(i) For issuance of appropriate writ/writs
order/orders direction/directions for
commanding the respondents to properly and
Patna High Court CR. WJC No.316 of 2024 dt.19-02-2026
expeditiously investigate Rajuali P.S. Case
No:-428 of 2023 lodged by the petitioner
under Sections-306/34 of the Indian Penal
Code on 09.08.2023 with the Rajuali Police
Station.
(ii) For issuance of further appropriate
writ/writs order/orders direction/directions
to the respondents authorities to take
immediate steps for investigation and
collecting evidence so that the named
accused persons in the F.I.R. may not temper
with the evidence.
(iii) For issuance of further appropriate
writ/writs order/orders direction/directions
for a direction to I.O. i.e. Respondent No.6,
Xavier Lakra to take coercive measures
during the course of investigation against the
named accused persons being respondents
no:- 7 to 10.
(iv) For issuance of any other writ/writs
order/orders direction/directions as it deem
fit in the facts and circumstances of the
case".
2. The learned counsel appearing on behalf of State-
respondents, at the outset, submits that a final form has been
submitted in the said Rajaoli P.S. Case No.428 of 2023 way
back on 30.09.2023 and the case was found to be a case of
mistake of fact. Despite submission of closure report/final form,
the petitioner has filed the present writ petition seeking proper
Patna High Court CR. WJC No.316 of 2024 dt.19-02-2026
investigation which is clearly misuse of process of law. Since
the final form has already been submitted, nothing remains in
the matter. The petitioner has also filed protest petition before
the court of learned Additional Chief Judicial Magistrate-III,
Nawada. Therefore, the present petition be dismissed with
heavy cost.
3. The learned counsel appearing on behalf of the
petitioner submits that the petitioner has filed a supplementary
affidavit bringing on record the fact about submission of final
form and filing of protest petition. The learned counsel further
submits that the entire investigation was biased and flawed,
resulting in a grave miscarriage of justice. Thus, the learned
counsel prays for re-investigation in the matter.
4. Having regard to the rival submission of the parties
and considering the fact that the final form/closure report has
already been submitted in the matter showing it to be a case of
mistake of fact and the petitioner has already before the court
concerned with his protest petition, the petitioner is directed to
pursue his remedy before the learned trial court, which is
directed to pass an appropriate orders on his protest petition in
accordance with law considering the fact that the protest petition
is stated to be filed on 10.10.2023.
Patna High Court CR. WJC No.316 of 2024 dt.19-02-2026
5. With the aforesaid observations/directions, the
present writ petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.02.2026
Transmission Date 20.02.2026
