Md. Fakre Alam @ Md. Fakhre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12931 of 2022 ====================================================== Md. Fakre Alam @ Md. Fakhre Alam Son of Md. Ali, resident of MuhallaNarga Bazar, P.S. - Nathnagar, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Department of Home, Government of Bihar, at Patna.

2.

The District Magistrate, Bhagalpur.

3.

The Senior Superintendent of Police, Bhagalpur. 4.

The Officer-in-Charge, Nathnagar Police Station, Bhagalpur. 5.

Sri Rajiv Ranjan, son of not know, at present the Investigating Officer cum Sub-Inspector, Nathnagar Police Station at Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Advocate For the Respondent/s :

Mr.Manish Kumar (GP-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-05-2023 The present writ petition has been filed seeking the following relief:- 1.(a) The action of the respondent no. 5, the Investigating Officer cum SubInspector, Nathnagar Police Station at Bhagalpur, whereby he arrested the petitioner on 15.06.2022, even after the petitioner was granted interim bail/provisional bail, by an order dated 09.05.2022 by learned 1/C Sessions Judge, Bhagalpur passed in A.B.P. No.

1167/2022 (arising out of Nathnagar P.S. Case No. 195/2022), may be declared as illegal, bad in law, arbitrary, and unconstitutional;

(b) This Hon'ble Court may further be pleased to direct the respondent no. 3

Patna High Court CWJC No.12931 of 2022(2) dt.05-05-2023 2/2 "The Senior Superintendent of Police, Bhagalpur to take appropriate action/ disciplinary action against the respondent no. 5 the Investigating Officer cum Sub-Inspector, Nathnagar Police Station at Bhagalpur, immediately (c) This Hon'ble Court may further be pleased to direct the respondents to pay appropriate compensation, i.e. Rs.

10 Lakhs to the petitioner, as he was wrongly sent behind the bars, by the respondent no.5."

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances.

Liberty so sought is granted.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U