Anand Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.723 of 2022 Arising Out of PS. Case No.-463 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== ANAND KUMAR SINGH Son of Late Vijay Kumar Singh Resident of Village - House No.155-D, Patliputra Colony, P.s.- Patliputra, Distt.- Patna. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Home, Bhar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The Senior Superintendent of Police, Patna.

5.

The Superintendent of Police (Central), Patna. 6.

The Officer Incharge, Patliputra Police Station. 7.

Anil Kumar Singh Son of Late Vijay Kumar Singh Resident of Village - Tilak Nagar, Phase - II, Ambedkar Path, P.s.- Rupaspur, Distt.- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-09-2022 Learned counsel for the petitioner shall remove all the defects as pointed out by the Stamp Reporter within three weeks from today.

Learned counsel for the petitioner submits that petitioner in the present case is seeking a direction to the respondents to provide security to his life and property. He has lodged Patlipura P.S. Case No. 463/2021 registered for the offence under Sections 307, 115, 34, 120(B), 326 of the Indian Penal Code and Section 27 of the Arms Act against his own brother alleging that he had made an attempt to kill him.

Patna High Court CR. WJC No.723 of 2022(2) dt.29-09-2022 2/3 Learned counsel submits that in this connection a letter bearing No. 1106 dated 11.08.2021 was written by the Superintendent of Police (Security), Bihar to the Senior Superintendent of Police, Patna (Annexure '10' to the writ application), requesting him to take appropriate action keeping in view the resolution of the Department of Home, Government of Bihar as contained in Memo No. 3663 dated 02.05.2017. Grievance of the petitioner is that till date no action has been taken pursuant to Annexure '10' to the writ application. It is his further submission that accused in this case had applied for anticipatory bail which has already been refused by this Court on 30.08.2022, a warrant of arrest has been issued against him by the learned court below but the same has not been executed by the I.O.

Mr. Saroj Kumar Sharma, learned AC to AAG-3 appears for the State.

In the given facts and circumstances of the case, this Court directs the Senior Superintendent of Police, Patna (respondent no. 4) and the Officer-in-Charge, Patliputra Police Station, Patna (respondent no. 6) to look into the grievance of the petitioner, examine the same, take appropriate action after considering the local threat perception of the petitioner and in

Patna High Court CR. WJC No.723 of 2022(2) dt.29-09-2022 3/3 case the accused of the case is an absconder, the I.O. must take appropriate steps to proceed against him and execute the warrant in accordance with law.

This application stands disposed of accordingly. Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) Rajeev/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.