Patna High CourtCR. WJC/1659/2025disposed

Md. Gulam @ Ghulam Sarwar v. The State Of Bihar

2025-07-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1659 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- AMAS District- Gaya ====================================================== Md. Gulam @ Ghulam Sarwar S/o Late Jamaluddin @ Late Md. Nizam R/o Baba Motor, Near Imamganj Marg, Gram- Hamzapur, P.S.- Amas, Hamzapur, P.O.- Sherghati, District- Gaya, Bihar-824211 ... ... Petitioner/s

Versus

The State Of Bihar 2.

The Director General of Police, Old Secretariat, Patna Bihar 3.

Senior Superintendent of Police, Gaya Bihar 4.

Assistant Superintendent of Police cum SDPO, Sherghati, Gaya Bihar 5.

Station House Officer, Amas Police Station, Gaya Bihar 6.

Investigating Officer, Amas PS Case No. 178/2025, Amas Police Station, Gaya Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dayanand Singh For the Respondent/s :

Mr. A.A.G.5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-07-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This writ petition has been filed for the following reliefs:

I). For issuance of an appropriate writ in the nature of writ of certiorari any other appropriate writ or order or direction for quashing the Amas PS Case No. 178 / 2025 dated 08.06.2025 registered under Section 111, 61(2), 318(4), 336(3), 338, 3(5) Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS').

ii) For issuance of appropriate

Patna High Court CR. WJC No.1659 of 2025(2) dt.22-07-2025 2/2 writ(s), order(s) or direction(s) directing that no coercive steps shall be taken against the Petitioner during the pendency and till the disposal of the instant writ petition.

3. This application is disposed of with a direction to the Amas Police Station to properly investigate the case. The Amas police will examine the version of the petitioner also as it has been contended that the petitioner is the younger brother of the accused and he has no role in the offence.

4. It is made clear that the petitioner shall not be arrested during the investigation.

5. The petitioner is given liberty to prefer an application for release of the vehicle in question sized in connection with the present case and if such an application is filed, the same shall be considered and disposed of within 15 days of its filing.

6. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U T