Ragho Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.997 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- PAUTHU District- Aurangabad ====================================================== RAGHO SINGH Son of Late Ramdahin Singh Resident of village - Sima, P.S. - Pauthu, Distt. - Aurangabad ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Director General of Police, Bihar, Patna 3.

Deputy Inspector General of Police, Gaya, Bihar 4.

Superintendent of Police, Aurangabad 5.

Officer-in-Charge, Pauthu Police Station, Distt. - Aurangabad 6.

Investigating Officer, Pauthu Police Station, Distt. - Aurangabad 7.

Chunnu Sharma Son of Parshuram Sharma R/o Village Kalen, P.S. - Khudwan, Distt. - Aurangabad 8.

Munna Sharma Son of Brij Sharma R/o Village Kalen, P.S. - Khudwan, Distt. - Aurangabad 9.

Raushan Singh Son of Late Ramsewak Singh R/o Village Bahera, P.S. - Hunterganj, Distt. - Chatra (Jharkhand) 10.

Dharmendra Singh Son of Late Ramsewak Singh R/o Village Bahera, P.S. - Hunterganj, Distt. - Chatra (Jharkhand) 11.

Dhananjay Singh Son of Late Ramsewak Singh R/o Village Bahera, P.S. - Hunterganj, Distt. - Chatra (Jharkhand) 12.

Sekhar Kumar Son of Gopal Singh R/o Village Tendua, P.S. - Imamganj, Distt. - Gaya 13.

Kundan Kumar Son of Shambhu Pandey R/o Village Basdiha, P.S. - Simra, Distt. - Aurangabad ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Respondent/s :

Mr. Ruchikar Jha, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Petitioner has moved this Court seeking a direction

Patna High Court CR. WJC No.997 of 2023(3) dt.05-12-2023 2/3 to the investigating agency to conduct a proper and fair investigation of Pauthu P.S. Case No. 132 of 2022 registered for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. A counter affidavit has been filed on behalf of the State. It is stated that investigation of the case is going on, however, the case has been found true against Raushan Singh, Son of Late Ramsevak Singh and it has been found appropriate to take a decision on the point of involvement/accusation of other accused persons only after collecting some concrete evidences. Arrest warrant has been issued against accused Raushan Singh by the learned court and raids are being conducted accordingly.

4. Having regard to the stand taken by the investigating agency, this Court directs the Superintendent of Police, Aurangabad to ensure that a decision on the point of involvement/accusation of all other persons be taken after collecting the materials but within a reasonable time and an appropriate report be filed in the court of learned jurisdictional Magistrate within a period of four months from the date of receipt/production of a copy of this order.

5. It goes without saying that the arrest warrant issued

Patna High Court CR. WJC No.997 of 2023(3) dt.05-12-2023 3/3 against the accused Raushan Singh shall be executed in accordance with law as early as possible subject, however, to any order which may be passed by a competent court in connection with the matter.

6. This writ application stands disposed of accordingly.

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