Sujit Kumar Singh And ORS v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.398 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.
Sujit Kumar Singh Son of Ramsakal Singh Resident of village- Raipura, P.SAurangabad(M), District- Aurangabad(Bihar) 2.
Shashi Bhushan Singh Son of Sachidanand Singh Resident of MohallaSatyendra Nagar, P.S- Aurangabad(T), District- Aurangabad(Bihar) 3.
Rakesh Kumar Son of Raman Singh Resident of Mohalla- Satyendra Nagar, P.S- Aurangabad(T), District- Aurangabad(Bihar) 4.
Karu Singh @ Ajay Singh Son of Late Mritunjay Singh R/o village- Anjan, P.S- Madanpur, District- Aurangabad (Bihar) 5.
Pappu Singh Son of Prasidh Singh Resident of Mohalla- Sarvodya Nagar, P.S- Aurangabad(T) , District- Aurangabad (Bihar) 6.
Kinkar Singh Son of Late Narsingh Singh R/o village- Pathra, P.SImamganj, District- Gaya, At present- Gandhi Nagar, P.S- Aurangabad (T), District - Aurangabad (Bihar) ... ... Petitioners
Versus
1.
The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna, Bihar 2.
The Principal Secretary, Department of Home (Police) Govt. of Bihar, Patna Bihar 3.
The Director General Cum Inspector General of Police, Government of Bihar , Patna Bihar 4.
The Deputy Inspector General of police, Magadh Range, Gaya Bihar 5.
The District Magistrate , Aurangabad Bihar 6.
The Superintendent of Police, Aurangabad Bihar 7.
The Officer Incharge of Town Police Station, Aurangabad, Distt.- Aurangabad Bihar ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Respondent/s :
Mr.Suman Kumar Jha, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-04-2022 No one appears on behalf of the petitioner.
This case has remained pending awaiting decision of Hon'ble the Supreme Court in Criminal Appeal Nos. 660 of
Patna High Court CR. WJC No.398 of 2019(3) dt.06-04-2022 2/3 2021 arising out of SLP (Crl.) No. 4127 of 2019. At this stage, the judgment has come. This Court would reproduce the relevant paragraphs as under:- "5. It is not in dispute that after filing of the police report(s), the concerned Court has also taken cognizance of the offences and summoned the accused.
6. In light of this development, it may not be appropriate to examine the correctness of the view taken by the High Court in the present appeal. Instead, we would give liberty to the respondents/accused to apply/argue for discharge before the concerned Court, if so advised. All contentions available in respect of that relief will have to be considered by the concerned Court on its own merits in accordance with law without being influenced by any observation made by the High Court in the impugned judgment, which we hereby set aside in terms of this order.
7. Needless to observe that in the application for discharge, it will be open to the respondents/accused to urge the grounds taken by them before the High Court and referred to in the impugned judgment which, as aforesaid, will have to be considered on its own merits and in accordance with law uninfluenced by the observations made in the impugned judgment.
8. In addition, it will be open to the respondents/accused to apply to the concerned courts for clubbing trial of all the cases to be tried together, which application also may be considered by the concerned Court on its own merits and in accordance with law. Alternatively, it may be open to the
Patna High Court CR. WJC No.398 of 2019(3) dt.06-04-2022 3/3 respondents/accused, including to the prosecution to make a request to the Sessions Judge for allotting the charge sheets to one Court, to be proceeded in accordance with law.
9. In other words, we have kept all issues, contentions and reliefs available to the respondents/accused as also to the prosecution open, to be considered by the concerned Court on its own merits and in accordance with law."
Accordingly, this writ application is being disposed of in terms of the aforementioned judgment of Hon'ble the Supreme Court.
(Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.