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Patna High CourtCR. WJC/859/2021disposed

Dr. Baliram Prasad Singh v. The State Of Bihar Through The Principal Secretary, Department Of Home Government Of Bihar, Patna.

2022-08-18Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.859 of 2021 Arising Out of PS. Case No.-121 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Dr. Baliram Prasad Singh, Son of Late Kameshwar Singh Resident of VillageKutri, P.S.- Warisaliganj, District- Nawada, presently posted as Head of The Department, Department of Chemistry, B.N. College, Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Home Government of Bihar, Patna. Bihar 2.

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

The Additional Director General Of Police (LAW And Order) Head Quarter, Bihar, Patna Bihar 4.

The Inspector General Of Police Magadh Range, Gaya Bihar 5.

The Superintendent Of Police, Nawada. Bihar 6.

The Sub Divisional Police Officer Pakribarawan, In The District Of Nawada. Bihar 7.

The S.H.O. Warisaliganj Police Station, District- Nawada Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Iqbal Asif Niyazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-08-2022 Let the original copy of the writ petition be taken on the record.

Heard learned counsel for the petitioner and Mr.Iqbal Asif Niyazi, learned AC to GP-5 for the State. A second supplementary counter affidavit has been filed on behalf of the respondent nos. 5 to 7. In paragraph '6' a statement has been made that two accused persons namely Madhoran Singh alias Madho Singh, son of late Rajendra Singh,

Patna High Court CR. WJC No.859 of 2021(4) dt.18-08-2022 2/3 R/o Village-Kutari, P.S.-Warsiliganj, District-Nawada and Dr. Sanjit Kumar, son of Surendra Prasad, R/o Village-Giriyak Ghora Katora, District-Nalanda have been arrested and they are in judicial custody. It is further stated in paragraph '7' that raids are being conducted to arrest other three accused persons who are named in the FIR and against whom accusation has been found correct after investigation. The process of proclamation for absconding accused has been initiated by filing an appropriate application in the learned court below. In paragraph '8' of the counter affidavit it is stated that show cause notices have been issued to the earlier investigating officers namely Shiv Shankar Thakur and Nagendra Thakur, the two S.

Is and departmental proceedings have been initiated against them vide Annexure-A series. In view of the stand disclosed in the second supplementary counter affidavit, at this stage this writ application is being disposed of with a direction to the Superintendent of Police, Nawada to ensure that the investigation of the case is duly completed, warrant of arrest be executed expeditiously and a final report be submitted within a period of six months from the date of communication of this order in the learned court below.

Patna High Court CR. WJC No.859 of 2021(4) dt.18-08-2022 3/3 In case the investigating agency shows any laxity in carrying out the investigation, it will be open to the petitioner to move this Court afresh.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U T 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'.