Ganesh Sah v. The State Of Bihar Through The Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.779 of 2023 Arising Out of PS. Case No.-215 Year-2020 Thana- BATHNAHA District- Sitamarhi ====================================================== Ganesh Sah Son Of Late Shankar Sah R/O Village- Kishanpur, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner

Versus

1.

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

The Superintendent of Police, Sitamarhi 3.

The Deputy Superintendent of Police, Sitamarhi 4.

The Inspector of Police, Sitamarhi Police Station, Sitamarhi 5.

The S.H.O., Bathnaha Police Station, District- Sitamarhi ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner in the present case is seeking proper and impartial investigation of Bathnaha P.S. Case No. 215 of 2020 dated 26.09.2020 for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act."

3. Having regard to the stand taken in the counter affidavit saying that after investigation, a chargesheet vide chargesheet No. 86 of 2021 dated 31.03.2021 has been filed against the named accused Pawan Kumar in the competent court, he has been arrested and forwarded to the judicial custody and three persons have been exonerated in course of

Patna High Court CR. WJC No.779 of 2023(4) dt.02-12-2023 2/2 investigation as no sufficient material could be collected against them, this writ application has become infructuous and cannot proceed further.

4. In case the petitioner is aggrieved by and dissatisfied with the exoneration of some of the persons, the petitioner may seek his remedy in appropriate court in accordance with law.

5.

This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T