Shri Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57382 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- DHARHARA District- Munger ====================================================== 1.

Shri Manoj Kumar Singh Son Of Rajdeep Singh Resident Of Dharhara, Post - Dharhara, P.S. - Dharhara, District - Munger, Bihar - 811212 2.

Shri Ajay Kumar Singh Son Of Ramcharitra Singh Resident Of Dharhara, Post - Dharhara, P.S. - Dharhara, District - Munger, Bihar - 811212 3.

Shri Dhananjay Kumar Son Of Koushal Chouhan Resident Of Village - Uttarthu, Post - Uttarthu, P.S. - Bind, District - Nalanda, Bihar - 803107 ... ... Petitioners

Versus

1.

The State Of Bihar 2.

Rakesh Kumar, Block Development Officer (B.D.O.), Dharhara, Munger Bihar ... ... Opposite Parties ====================================================== with CRIMINAL MISCELLANEOUS No. 57976 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- DHARHARA District- Munger ====================================================== 1.

Shri Indradev Prasad Gupta S/O Ramdas Sah R/O Brahm Sthan, P.OBariarpur, PS- Bariarpur, District- Munger, Bihar 2.

Shri Ganpati Kumar S/O Ram Kishun Mahto Resident of Khawa Chandra Tola, Near Middle High School, Ward no. 9, Kiranpur, P.O- Surajgarha, P.SSurajgarha, District- Lakhisarai, Bihar- 811106 3.

Shri Manish Kumar Das S/O Ishwar Das Resident of Mohalla- Betwan Bazar, Near Hazrat Ganj Chowk, Gali no. 13, P.O- Munger, P.S- Kashim Bazar, District- Munger, BIhar- 811201.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Rakesh Kumar, Block Development Officer, (B.D.O.), Dharhara, Munger. Bihar ... ... Opposite Parties ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 57382 of 2024) For the Petitioners :

Mr. Apurv Harsh, Advocate Mr. Manu Tripurari, Advocate Mr. Raghu Raj Pratap, Advocate

Patna High Court CR. MISC. No.57382 of 2024(2) dt.13-08-2024 2/3 Ms. Almanya, Advocate Mr. Astitva, Advocate Mr. Sujit Kumar, Advocate Mr. Hritik, Advocate For the State :

Mr. Jharkhandi Upadhyay, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 57976 of 2024) For the Petitioners :

Mr. Apurv Harsh, Advocate Mr. Manu Tripurari, Advocate Mr. Raghu Raj Pratap, Advocate Ms. Almanya, Advocate Mr. Astitva, Advocate Mr. Sujit Kumar, Advocate Mr. Hritik, Advocate For the State :

Mr.Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-08-2024 In these cases, the petitioners want to quash the F.I.R. vide Dharhara P.S. Case No.177 of 2024 registered for the offences under sections 420, 406 & 409/34 of the Indian Penal Code.

2.

During the hearing of the cases, the learned counsel for the petitioners has confined the prayer to the extent of directing the respondents to properly investigate the F.I.R. and also to lead proper evidence.

3.

Learned counsel for the petitioners submits that the scientific evidence as contained in Annexures 4 & 5, which contains the G.P.S. location details, should be considered by the Investigating Officer of the case.

4.

I have considered the submission of the parties.

5.

Considering the facts of the case, the

Patna High Court CR. MISC. No.57382 of 2024(2) dt.13-08-2024 3/3 petitioners are given liberty to approach the Superintendent of Police, Munger with an application for considering their defence materials. If such an application is filed, the Superintendent of Police, Munger will get the case investigated properly under his supervision and will direct the Investigating Officer to consider the scientific evidence produced by the petitioners. 6.

The petitioners shall not be arrested for the next four weeks. If the investigation is not concluded within the next four weeks then the Superintendent of Police, Munger will pass necessary directions for staying the arrest of the petitioners till the conclusion of the investigation.

7.

With the aforesaid observations and directions, these applications stand disposed of. 8.

Let a copy of this order be communicated to the Superintendent of Police, Munger through FAX for its compliance forthwith.

(Sandeep Kumar, J) Neha/- U T