Chandan Kumar v. The State Of Bihar, Through The Aditional Chief Secretary, Department Of Home, Government Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1128 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Chandan Kumar Son of Paltan Sah Village Kadarabad, PS- Bachhwara, District- Begusarai ... ... Petitioner

Versus

1.

The State of Bihar, through the Aditional Chief Secretary, Department Of Home, Government Of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Home, Bihar, Patna 3.

The Director General Of Police, Bihar, Patna 4.

The Deputy Inspector General Of Police, Mungher 5.

The Superintendent Of Police, Begusarai 6.

The Sub-Divisional Police Officer, Teghra, Begusarai 7.

The Station House Officer, Bachhwara, District- Begusarai ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Kumar Singh, Advoate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-III ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-11-2023 The present writ application has been filed seeking a direction to the respondent authorities to conduct free and fair investigation of Bachhwara P.S. Case No. 195 of 2022.

2. The grievance of the petitioner is that some of police officers like the Investigating Officer, Munshi and Chowkidar of the police station are in collusion with the accused persons and for that reason no legal action is being taken against them. It is alleged that the accused persons are threatening the petitioner and his family of dire consequences.

Patna High Court CR. WJC No.1128 of 2023(2) dt.06-11-2023 2/2

3. Having regard to the grievance of the petitioner, this Court directs the Superintendent of Police, Begusarai to examine the allegations of the petitioner, if the Investigating Officer of the case is not taking interest in the investigation and it is noticed that he is helping the accused persons, appropriate legal action shall be taken against him. The Superintendent of Police, Begusarai shall at the same time consider changing the Investigating Officer of the case and issue appropriate instruction to the Investigating Officer to ensure proper investigation of the case within a reasonable period.

4. At the same time, respondent no.6 shall examine the threat perception of the petitioner and in case it is found that the petitioner has a threat to his life, adequate steps shall be taken to protect the petitioner.

5. This writ application stands disposed of accordingly.

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