Raj Kumar Sah v. The State Of Bihar Through Director General Of Police, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.951 of 2022 Arising Out of PS. Case No.-149 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== RAJ KUMAR SAH, Son of Late Bachchu Sah, Resident of village- Saghari, P.S- Rajepur, Dist- East Champaran ... ... Petitioner

Versus

1.

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

Inspector General Of Police, Muzaffarpur Division, Muzaffarpur 3.

Senior Superintendent of Police, Muzaffarpur 4.

Deputy Superintendent of Police, Muzaffarpur (East) 5.

Sub Inspector of Police, Siwaipatti Police Station, Muzaffarpur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Om Prakash Om, Advocate For the Respondent/s :

Mr.Deepak Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and Mr. Deepak Kumar, learned AC to GP-4 for the State.

By filing this writ application the petitioner is seeking a direction to the respondent authorities to conduct proper investigation of Siwaipatti P.S. Case No. 149 of 2021 registered under Sections 272, 273, 120(B)/34 I.P.C. and 30 (a)(b)(c)(d)(f), 33, 54 of Bihar Prohibition & Excise Act 2016-18.

The main grievance of the petitioner is that even though the spirit in question has been recovered from a piece of land which belong to one Harihar Das, the petitioner has been made accused on the ground that the land belongs to him.

Learned counsel for the petitioner submits that the

Patna High Court CR. WJC No.951 of 2022(2) dt.03-11-2022 2/2 petitioner has filed several representations to the senior police officials of the State as well as to Senior Superintendent of Police, Muzaffarpur and Deputy Superintendent of Police, Muzaffarpur and also the Sub Inspector of Police who is the Incharge of investigation but nobody has taken interest in investigating the case from that angle.

Mr. Deepak Kumar, learned AC to GP-4 for the State submits that in the given facts and circumstances of the case, a direction may go to the Senior Superintendent of Police, Muzaffarpur to ensure proper verification and investigation of the case from all angles including about ownership of the land and the involvement of the petitioner in connection with the alleged offence. Having heard learned counsel for the petitioner and the State, this Court directs the Senior Superintendent of Police, Muzaffarpur to look into the grievance of the petitioner, issue necessary instructions to the Investigating Officer, ensure compliance of his instructions within a reasonable time and upon taking into consideration the entire materials file a police report within a reasonable period.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) tusharika/- 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'.