Ram Babu Ray @Ram Babu Roy v. The State Of Bihar Through The Home Secretary, Dept. Of Home, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.654 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- ROSERA District- Samastipur ====================================================== Ram Babu Ray @ Ram Babu Roy S/o Ramakant, Roy Resident of VillageBhirha, P.S.- Rosera and District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Dept. of Home, Govt. of Bihar, Patna.

2.

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

The Inspector General of Police Mithila Rang, Darbhanga. 4.

The Deputy Inspector General of Police, Darbhanga. 5.

The Superintendent of Police, Samastipur.

6.

The Deputy Superintendent of Police, Rosera, District Samastipur. 7.

The S.H.O. Rosera Police Station, District Samastipur. 8.

Sri Santosh Kumar Sharma, S.I. Police (I.O.), Rosera P.S.., District Samastipur.

9.

Sri Pramod Kumar Sharma, S.I. Police, Rosera (INFORMANT), DistrictSamastipur. 10.

Shri Ratneshwar Rai S/o Late Anil Kumar Rai @ Lallu Rai, Resident of Village- Hanuman Nagar, P.S.- Kalyanpur, District- East Champaran. 11.

Shri Arvind Kumar S/o Not Found, Resident of Village- Hanuman Nagar, P.S.- Kalyanpur, District- East Champaran.

12.

Shri Sushil Kumar S/o Not Found, Resident of Village- Hanuman Nagar, P.S.- Kalyanpur, District- East Champaran.

13.

Kundan Kumar Rai S/o Bhusan Rai @ Ram Kumar Rai, Resident of VillageHanuman Nagar, P.S.- Kalyanpur, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar, Adv.

For the Respondent/s :

Mr. Manish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present Cr. Writ Petition

Patna High Court CR. WJC No.654 of 2023(2) dt.04-05-2023 2/3 seeking direction from the Court that fair and proper investigation may takes place in connection with Rosera P.S. Case No. 32 of 2022 lodged under Sections 272, 273, 34 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Prohibition and Amendment Act, 2018 and Sections 25(1-B)a, 26, 25 of the Arms Act dated 05.02.2022.

Learned counsel for the petitioner submits that this Hon'ble Court in the case of Surendra Singh Vs. State of Bihar and others vide order dated 09.09.2022 passed in Cr.W.J.C. No. 153 of 2017 with analogous cases, a direction was given to the petitioners to represent the entire matter before the Superintendent of Police and the Superintendent of Police was directed to take appropriate action in the said matter upon receiving the representation, within a fixed time period. He submits that the present case is squarely covered with the case of Surendra Singh Vs. State of Bihar and others. In this view of the matter, petitioner is directed to file representation before the Superintendent of Police, Samastipur in the light of order passed in the case of Surendra Singh Vs. State of Bihar and others on 09.09.2022 in Cr. W.J.C. No. 153 of 2017 with analogous cases within four weeks from the date of passing of this order.

Patna High Court CR. WJC No.654 of 2023(2) dt.04-05-2023 3/3 The Superintendent of Police, Samastipur is directed to take necessary steps for completion of fair investigation at the earliest.

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

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