Sanjay Kumar Choudhary v. The State Of Bihar, Through The Director General Of Police, State Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.663 of 2025 Arising Out of PS. Case No.-1770 Year-2023 Thana- NAWADA District- Nawada ====================================================== Sanjay Kumar Choudhary S/O Kauleshwar Choudhary Resident of VillagePanchu, P.O.- Hisua, P.S.- Hisua, District- Nawada, At present- VillageGondaur, P.O- Nawada, P.S- Nagar Nawada, Distt.- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Director General of Police, State of Bihar, Patna. Bihar 2.

The Inspector General of Police, Magadh Range, Magadh Division at Gaya. Bihar 3.

The Deputy Inspector General of Police, Magadh Range, Magadh Division at Gaya. Bihar 4.

The Superintendent of Police, Distt.- Nawada. Bihar 5.

The Deputy Superintendent of Police (Head Quarter), Distt.- Nawada. Bihar 6.

The Station House Officer of Nagar Nawada Police Station, Distt.- Nawada. Bihar 7.

The Investigation Officer of Nagar Nawada Police Station P.S Case No. 1770 of 2023 Nagar Nawada Police Station, Distt.- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Jubair Ansari, Adv.

Mr. Avdhesh Kumar, Adv.

For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-03-2026 Heard the parties.

2. The present writ petition has been filed on behalf of the petitioner for issuance of writ for commanding the respondents, especially respondent nos. 4 to 7, for fair and transparent investigation of the case, vide Nagar Nawada P.S. Case No. 1770 of 2023 dated 13.11.2023 in which son of the petitioner namely Karu Chaudhary has been made accused

2/4 under Sections 147, 148, 149, 448, 504, 506, 326 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that he has confined his submission to the extent that the petitioner's son had not participated in the alleged occurrence as he was engaged in Laxmi Puja in his shop in the name of "M/s Maharani Garment" and he has stated that there was CCTV footage and clips which reflects that he was not present at the place of occurrence at the relevant point of time as he was engaged in the said shop.

3. Learned counsel for the State submits that counter affidavit has been filed on behalf of respondent no. 5 and he has mentioned in para, 6, 7, 9 and 10 and which is at pages 16-17 (Annexure-A) and submitted that vide Memo No. 1102 dated 30.05.2025, S.D.P.O., Sadar-01, Nawada, issued progress report of the investigation stating inter alia that on reviewing the CCTV foogate and the pen drive related to the CCTV footage provided by Sanjay Choudhary, father of the accused Karu Choudhary, the accused was not found present at his shop in the said video, nor has any other concrete evidence been provided regarding his presence at the shop. Thus, case appears to be true even against Karu Choudhary. He further submits that there was

3/4 no CCTV footage nearby the place of occurrence. He further submits that the investigation has been completed on almost all points and charge-sheet has been submitted against the coaccused Anil Choudhary, Vicky Choudhary, Pawan Kumar and Chhotu Kumar vide Charge Sheet No. 42/2024 dated 31.01.2024. He further submits that direction has been given to submit charge sheet against the petitioner's son Karu Choudhary @ Vivek Choudhary under Sections, 147, 148, 149, 448, 504, 506, 326, 302 I.P.C. and 27 of the Arms Act.

4. In view of the above, the contention of learned counsel for the State is quite tenable and sustainable that on reviewing the CCTV footage and the pen drive related to the CCTV footage provided by Sanjay Choudhary, father of the accused Karu Choudhary, the accused was not found present at his shop in the said video, as claimed by the petitioner, nor has any other concrete evidence been provided regarding his presence at the shop. The investigation has completed on all points and charge-sheet has already been submitted against some of the co-accused and direction was given to submit charge-sheet against the petitioner's son Karu Choudhary @ Vivek Choudhary.

5. Considering the facts and circumstances of the

4/4 case, argument advanced on behalf of both sides, the present writ petition stands disposed of with liberty to the petitioner, if the petitioner has any grievance, he may raise his grievance before the appropriate forum.

(Alok Kumar Pandey, J) amitkumar/- U T