Rabindra Rai @ Rabindra Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6105 of 2022 Arising Out of PS. Case No.-181 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== Rabindra Rai @ Rabindra Kumar Rai Son of Prabhunath Rai Resident of Village- Hathopur, P.S.- Daraunda, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. VP Sinha, Sr. Advocate Mr.Sanjay Kumar Singh For the Informant : Mr. Bijay Prakash Singh For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
Earlier the bail application of petitioner was rejected vide order dated 01.02.2021 passed in Cr. Misc. No. 35508 of 2020. Petitioner has renewed his prayer for bail on the ground that chargesheet was not submitted within the statutory period. It is submitted on behalf of petitioner that chargesheet was submitted by the IO Anil Kumar Singh while he was under suspension and as such, no chargesheet was legally submitted within the statutory period and therefore, he is entitled to get benefit of section 167(2) of the Cr.P.C.
However, counsel for State and informant vehemently opposed and submitted that as a matter of fact, the investigation
Patna High Court CR. MISC. No.6105 of 2022(8) dt.24-08-2022 2/2 was completed much before 31.01.2020 and the same was signed before receiving the suspension order. Mere filing the chargesheet during suspension period does not vitiate the investigation. It is mere irregularity and not illegality and the learned court below has rightly accepted the chargesheet and there is no infirmity which warrants interference by this Court. Considering the submissions made advanced on behalf of the parties and materials available on record, I do not find any illegality in the impugned order passed by the learned Additional District & Sessions Judge, Siwan, hence does not require any interference.
Accordingly, this application is dismissed.
(Prabhat Kumar Singh, J) vinita/- U T