Rajan Kumar v. The State Of Bihar Through The Principal Secretary, Home Department, Governement Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.581 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- BARAULI District- Gopalganj ====================================================== RAJAN KUMAR S/o Chandrashekhar Prasad R/o village- Madhopur, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Governement of Bihar, Patna Bihar 2.

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

The Additional Chief Secretary, Dept of Prohibition and excise Department, Govt. of Bihar, Patna Bihar 4.

The Superintendent of Police, Gopalganj Bihar 5.

The Sub Divisional Police Officer, Gopalganj, Sadar Bihar 6.

The Sub Divisional Police Officer, Gopalganj, Sadar, District- Gopalganj Bihar 7.

The S.H.O., Barauli Police Station, Bzarauli, District- Gopalganj Bihar 8.

The S.H.O., Madhopur O.P., District Gopalganj Bihar 9.

Sunil Kumar, Assistant Sub Inspector of Police, Madhopur O.P., DistrictGopalganj Bihar 10.

Soni Devi W/o Triloki Sah R/o Village- Madhopur, P.S.- Barauli, DistrictGopalganj 11.

Roshan Kumar S/o Triloki Sah R/o village- Madhopur, P.S.- Barauli, District- Gopalganj 12.

Raj Kumar S/o Triloki Sah R/o village- Madhopur, P.S.- Barauli, DistrictGopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Adv.

For the Respondent/s :

Mr. Prabhat Kumar Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

This present Cr. Writ Application has been filed against the respondent officials especially Respondent No.8 and 9 with an allegation that the said respondent is misguiding the investigation.

Patna High Court CR. WJC No.581 of 2022(2) dt.27-03-2023 2/2 Counsel submits that the petitioner has made complaint in Excise Control, Patna being Complaint No. ET0097383 and on his compliant, the present F.I.R. has been lodged. His complaint no. has been mentioned in the fardbeyan, counsel submits that the sell of wine is going on in the said locality in connivance with the local associates (Respondent No.8) who upon receiving this information that petitioner has lodged a complain and filed this case against the petitioner and his brother. Therefore, he has apprehension that the conduction of this investigation shall not take place honestly. Counsel for the State submits that he has no objection if this matter is referred to the high official of the Excise Department.

The petitioner is directed to submits his representation before the high official of the excise, not below the rank of S.P. at Headquarter, Patna who shall look into the matter and decide his report in the light of order passed in Surendra Singh Vs. State of Bihar & Ors. in Cr. WJC No.153 of 2017 with analogous cases decided on 09.09.2022.

With this observation, this Cr. Writ Application stands disposed of.

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