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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.826 of 2025 Arising Out of PS. Case No.-425 Year-2024 Thana- PARSABAZAR District- Patna ====================================================== Saroj Kumar S/o Sadhu Sharan Singh R/o Chanakya Colony, Nathupur, P.S.- Parsa Bazaar, Distt.- Patna ... ... Petitioner/s

Versus

1.

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

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

The Inspector General of Police, Patna Range 4.

The Senior Superintendent of Police, Patna 5.

The Superintendent of Police, Rural, Patna 6.

The Sub-Divisional Police Officer, Patna Sadar-II, Patna 7.

The SHO-Cum-Investigating Officer, Menka Rani, Parsa Bazaar Police Station, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Narayan Singh For the Respondent/s :

Mr.G.A.9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2025 Heard the parties.

2. The petitioner has moved the Court for the following reliefs:

"i. For issuance of an appropriate writ for direction to the respondent authorities to conduct just, proper and scientific investigation of Parsa Bazaar P.S Case No. 425/2024 dated 02.09.2024 for the offence under section 140(1), 140(3). 61(2) of BNS to save the petitioner from being falsely implicated as the present case is being investigated in a most perfunctory and unfair manner and thereby offends petitioner fundamental right guaranteed under article 21 of the Constitution of India.

ii. For issuance of an appropriate writ for direction to respondents to take legal action against respondent No. 07, SHO Parsa Bazaar

Patna High Court CR. WJC No.826 of 2025(2) dt.05-05-2025 2/2 as the petitioner was granted interim protection in connection with ABP No. 4529/2024 vide order dated 26.10.2024 by the learned Court of ADJ-III, Patna despite the fact respondent No. 07 conducted a raid in the house of petitioner and assaulted him in brutal manner resulted in leg fracture of the petitioner."

3. This application is disposed of with liberty to the petitioner to approach the Senior Superintendent of Police, Patna for appropriate action against the SHO who raided the house of the petitioner despite interim order existing in favour of the petitioner and has injured the peittioner and his family members.

4. If such an application is filed, the Senior Superintendent of Police, Patna will get it investigated through an officer of the rank of Superintendent of Police and appropriate order shall be passed on the representation of the petitioner after the report of the Superintendent of Police.

5. This application is disposed of.

6. Let a copy of this order be communicated to the Senior Superintendent of Police, Patna, forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) P. Kumar U T