Jitesh Kumar v. The State Of Bihar Through The Principal Secretary. Home Department, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.356 of 2025 Arising Out of PS. Case No.-192 Year-2024 Thana- CHIKSAUR District- Nalanda ====================================================== Jitesh Kumar S/O Dilip Prasad R/O Vill.- Hurari, P.O.- Bansh Bigha, P.S.- Chiksaura, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary. Home Department, Govt. of Bihar, Patna Bihar 2.

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

The Director of General of Police, Bihar, Patna Bihar 4.

The Inspector General of Police, Patna Bihar 5.

The Deputy Inspector General of Police, Patna Bihar 6.

The Senior Superintendent of Police, Patna. Bihar 7.

The Superintendent of Police, Nalanda. Bihar 8.

The Deputy Superintendent of Police, Patna City, Patna Bihar 9.

The Station House Officer-cum-officer in charge of Alamganj, Police Station, Dist- Patna. Bihar 10.

The Station House Officer-cum-officer in charge of Chiksaura, Police Station, Dist- Nalanda Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Jha For the Respondent/s :

Mr. S.C.15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-06-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The present criminal writ application is being filed on behalf of the petitioner for the following reliefs: (i) For issuance of writ/s, order/s, direction/s for commanding the respondent to institute a high level inquiry by a specialized agency to inquired into the illegal act of the doctors of Nalanda Medical Hospital, Patna and to commit the murder of the petitioner's brother as well as sell the organ (eye) by them

Patna High Court CR. WJC No.356 of 2025(2) dt.26-06-2025 2/3 by using great deal of criminal conspiracy.

(ii) For issuance of writ/s, order/s, direction/s for commanding the respondent to proper and fair action in connection with Chiksaura P.S. Case No-192/2024 dated 14.11.2024 for offences u/s 126(2), 115(2), 109,3(5) of BNS as well as 27 Arms Act, subsequently section 103 of BNS has been added in which the learned court below issued warrant against the accused persons but the official respondents have not taken any action or not arrested the accused persons.

(iii) For issuance of writ/s, order/s, direction/s for commanding the respondent to proper and fair action in connection with Alamganj P.S. Case No-1024/2024 dated 16.11.2024 for offences u/s 303(2),324(2) of BNS, in which the organ (eyeballs missing) of the petitioner's brother was missing when he was admitted in the aforesaid Hospital for his treatment in presence of Nalanda Police.

(iv) For issuance of an appropriate writ/order/direction to the respondents to protect the petitioner from the threat given by the accused persons to withdrawing the Chiksaura P.S. Case No-192/2024 otherwise ready for dire consequences.

(v) To issue further appropriate writ, order or direction commanding the respondent to arrest the accused persons as they were involved in the murder of the petitioner's brother presently they are moving fear in the locality and have committed the serious offences.

(vi) That the action of the respondent to not arrest a single accused named in the FIR and not may any raid for arrest the accused is an Act of Malafide and arbitrary exercised of the respondents.

(vii) That it was the duty of respondent authorities to arrest the accused person and taking coercive action against them as per the law.

Patna High Court CR. WJC No.356 of 2025(2) dt.26-06-2025 3/3 (viii) That after institution of criminal case against the accused persons, no one has been arrested and no process under section 82, 83 of Cr. P.C. has also not been issued and no action has been taken by the police personnel, it is showing the colorable exercise of the power.

(ix) This court may award the cost of litigation and suitable compensation to the petitioner for the loss and damage caused to her on account of the illegal and arbitrary action of the respondent authorities.

(x) To pass such other order or orders as your lordships may deem fit and proper in the facts and circumstances of the case as stated herein below.

3. This writ application is disposed of with liberty to the petitioner to file a representation before the Superintendent of Police, Nalanda for the reliefs prayed for in this writ petition. If any such representation is filed, the Superintendent of Police, Nalanda will examine the same and if he finds substance in the representation of the petitioner then he may proceed in accordance with law.

4. It is clarified that this Court has not gone into the merits of the case.

(Sandeep Kumar, J) Shishir/- U T