Suraj Kumar @ Rohit Raj v. The State Of Bihar Through The Principal Secretary, Home Department, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.553 of 2024 Arising Out of PS. Case No.-1164 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Suraj Kumar @ Rohit Raj Son of Baijnath Chauhan, Resident of Road No. 10, Gud Ki Mandi, Arafabad Colony, P.S.-Alamganj, Distt.-Patna(Bihar). ... ... Petitioner

Versus

1.

The State of Bihar through the principal secretary, Home Department, Government of Bihar, Patna Bihar.

2.

The Director General of Police, Bihar, Patna Bihar 3.

The Inspector General of Police, Central Range, Patna Bihar 4.

The Deputy Inspector General of Police, Patna Bihar 5.

The Senior Superintendent of Police, Patna Bihar 6.

The Superintendent of Police, East Patna Bihar 7.

The Deputy Superintendent of Police, City, Patna Bihar 8.

The Station House Office-Cum-In charge of Alamganj, Patna Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Advocate For the Respondent/s :

Mr. S.C.-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:

i) To issue an appropriate writ/s, order/s or direction/s for Fair and proper investigation of Alamganj P.S Case No 1164 of 2023 Registered on 21.12.2023, Registered for the offences under Section 302, 34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act, which is pending under investigation and still the accused persons are freely moving in the locality and till date charge sheet has not been submitted against

Patna High Court CR. WJC No.553 of 2024(2) dt.08-05-2025 2/3 any accused persons.

ii) To further issue an appropriate writ/s, order/s or direction/s commanding the Respondents to conduct the investigation by specialized investigation team for its fair and proper investigation.

iii) To further issue an appropriate writ/s, order/s or direction/s commanding the Respondents to protect the life and liberty of the petitioner and his family members.

iv) To issue further appropriate writ/s, order/s or direction/s to search and punish the accused persons as they involved in the murder of the brother of the petitioner and immediately arrest the accused persons as they are moving without fear of law in the locality. v) This Hon'ble Court may adjudicate and hold that the action of the Respondent to not arrest a single accused named in the F.I.R. and not made any raid for arrest the accused is an act of malafide and arbitrary exercise of the authority by the Respondents.

vi) This Hon'ble Court may further adjudicate and hold that it was the duty of the Respondent Authorities to immediately arrest the accused persons, who are involved in murder of the petitioner's brother and taking coercive action against them as per the law. vii) This Hon'ble Court may further adjudicate and hold that that after lodging the criminal case neither the accused persons have been arrested nor any Process of Section 82, 83 of Cr.P.C. has not been issued and the deceased's wife is being threaten to compromised and for this the daughter of the accused no. 7 and sister of the 6 has lodged a false and concocted case under the SC/ST Act against the family members of the informant, only with a view to harass and humiliate the petitioner's family.

viii) This Hon'ble Court may award the cost of

Patna High Court CR. WJC No.553 of 2024(2) dt.08-05-2025 3/3 litigation and suitable compensation to the Petitioner for the loss and damages on account of the illegal and arbitrary actions of the Respondent Authorities. ix) To grant any other relief or reliefs which the Petitioner may be found entitled to in the facts and circumstances of the case.

3. The present application is disposed of with a liberty to the petitioner to approach the Senior Superintendent of Police, Patna with a representation with regard to his grievance and if such a representation is filed, the same shall be considered by the respondent no. 5 and appropriate order shall be passed in accordance with law.

4. With the aforesaid liberty, the present writ application stands disposed of.

(Sandeep Kumar, J) Shahnawaz/- U T