Ranjan Kumar v. The State Of Bihar Through Secretary, Deptt. Of Home, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.98 of 2020 Arising Out of PS. Case No.-76 Year-2018 Thana- KANKARBAG District- Patna ====================================================== Ranjan Kumar, Son of Vakil Singh @ Vakil Rai, Resident of Village- Nawada Khurd, P.S.- Ganga Bridge, Distt- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Secretary, Deptt. Of Home, Bihar, Patna 2.

The Secretary, Department of Home, Bihar, Patna 3.

The Senior Superintendent of Police, Patna 4.

The Officer Incharge, Kankarbagh P.S., Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Ravi Bhardwaj, Advocate For the State :

Mr. Ruchikar Jha, A.C. to SC-8 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner prays for quashing of the F.I.R. of Kankarbagh P.S. Case No.76/2018 registered under Section 394 of the I.P.C.

Learned counsel for the petitioner submits that the F.I.R. has been lodged against the petitioner with regard to an occurrence dated 27.01.2018 and his name has surfaced in connection with the present case only on the basis of a confessional statement made before the police by a co-accused Ajay Kumar Roy on 23.04.2018. Learned counsel for the petitioner submits that on the alleged date of occurrence of the

Patna High Court CR. WJC No.98 of 2020(2) dt.20-02-2020 2/3 present case, the petitioner was in judicial custody in connection with Hajipur Sadar P.S. Case No.445 of 2017 registered under Sections 379 and 411 of the I.P.C. In the said case, the petitioner was granted bail vide order dated 16.01.2018 passed in Cr.Misc. No.59553 of 2017, which was conditional, stating that the petitioner be released from custody after completing six months of custody. The said date of six months was completed only in the month of March, 2018 and he was released from custody on 07.03.2018. He thus submits that the entire allegation against the petitioner with regard to Kankarbagh P.S. Case No.76 of 2018 is unfounded and the F.I.R. as against him may be quashed.

Learned counsel for the State after perusal of the writ application submits that an appropriate direction for submission of charge-sheet/final form be issued and if such facts as enumerated by the petitioner are found to be correct, then appropriate report may be filed by the investigating officer. He thus submits that a time-frame be fixed for the same. Having considered the entire facts and circumstances of the case and after perusal of the documents annexed with the writ application, it is directed that the investigation of Kankarbagh P.S. Case No.76 of 2018 as against the petitioner be

Patna High Court CR. WJC No.98 of 2020(2) dt.20-02-2020 3/3 concluded and charge-sheet/final form be submitted on or before the 30th of March, 2020.

With the aforementioned directions, the writ application stands disposed of.

(Anjana Mishra, J) PNM U T