Nilesh Kumar Gulshan v. The State Of Bihar Through The Home Secretary Government Of Bihar, New Secretariat, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.430 of 2023 Arising Out of PS. Case No.-214 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== Nilesh Kumar Gulshan Son of Rajendra Singh Resident of Address - Bariyahi, Shankarpur, P.S.- Shankarpur, District - Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary Government of Bihar, New Secretariat, Patna.

2.

The Director General of Police, New Secretariat, Patna. 3.

The Inspector General of Police.

4.

The Duputy Inspector General of Police, Koshi Division at Saharsa. 5.

The Superintendent of Police, Supaul.

6.

The Deputy Superintendent of Police, Supaul.

7.

The S.H.O. Triveniganj Police Station, District - Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the Respondent/s :

Mr. Md. Nadim Seraj, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Counsel for petitioner submits that petitioner is accused in connection with Triveniganj P.S. Case No. 214 of 2020 lodged under Section 394 and 307 of the I.P.C. read with Section 27 of the Arms Act.

Counsel for petitioner submits that petitioner is not named in the F.I.R. He further submits that he was at Delhi and preparing for entrance examination of Delhi University. He has

Patna High Court CR. WJC No.430 of 2023(2) dt.26-04-2023 2/3 attached admit card of the entrance examination of D.U. vide Annexure-4.

Counsel for petitioner submits that the Superintendent of Police has already issued a letter to S.H.O. Triveniganj for inquiry in this matter but even after lapse of nine months, nothing has come therefore, he wants fair investigation in this case.

Learned counsel for the respondents submits that this Hon'ble Court in the case of Surendra Singh Vs. State of Bihar and Ors vide order dated 09.09.2022 passed in Cr.WJC No. 153 of 2017 with analogous cases, a direction was given to the petitioners to represent the entire matter before the respective Superintendent of Police and the Superintendent of Police may be directed to take appropriate action in the said matter upon receiving the representation, within a fixed time period. In this view of the matter, the present Cr. Writ Petitioner is disposed of in the light of order passed in Surendra Singh Vs. State of Bihar and Ors in Cr.WJC No.153 of 2017 with analogous cases and petitioner is directed represent himself through his advocate before the Superintendent of Police, Supaul within four weeks from the date of passing of this order. The Superintendent of Police, Supaul is directed to

Patna High Court CR. WJC No.430 of 2023(2) dt.26-04-2023 3/3 take necessary steps for completion of fair investigation at the earliest.

With the aforesaid direction, the present Cr. Writ Application is hereby disposed off.

(Dr. Anshuman, J.) prakashmani/- U T