Arvind Singh v. The State Of Bihar, Through The Director General Of Police, Govt. Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.107 of 2018 Arising Out of PS. Case No.-153 Year-2017 Thana- DINARA District- Rohtas ====================================================== Arvind Singh son of Late Ajay Kumar Singh resident of Village - Delhua, Police Station - Dinara, District - Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Director General of Police, Govt. of Bihar.
2. The Superintendent of Police, Distt. Rohtas.
3. The Deputy Superintendent of Police, Distt. Rohtas.
4. The Station House Officer, Dinara Police Station, Distt. Rohtas.
5. Raghunath Sah S/o late Oslar Sah
6. Parshuram Yadav S/o late Ramadhar Singh respondent no. 5 and 6 are residents of village -Delhua, Police Station - Dinara, Distt - Rohtas.
7. Laxman Yadav Son of Kedar Singh Resident of Village - Panapur, Police Station - Dhansoi, District - Rohtas.
8. Lallu Paswan Son of Sona Paswan Resident of Village - Bhagwanpur, Police Station - Dhansoi, District - Rohtas.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyam Bihari Singh For the Respondent/s :
Mr. Md. Nadeem Seraj (Gp-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-10-2018 This writ application has been preferred for a direction to the respondent authorities to arrest respondent no. 5 to 8 who are accused in connection with Dinara P. S. Case No. 153 of 2017 registered under the various sections of the Indian Penal Code and the Arms Act.
Learned counsel for the petitioner submits that the named accused respondent nos. 5 to 8 are moving freely despite there being a case for committing murder against them.
Patna High Court Cr. WJC No.107 of 2018(2) dt.03-10-2018 2/3 Learned counsel representing the State submits that out of the five named accused persons, Police has already submitted a charge-sheet against the arrested accused being respondent no. 5 and one more who is not named as respondent in the writ application. It is further submitted that the Police is in search of respondent nos. 6 to 8 but they are evading their arrest. Annexure-A to the counter affidavit is the report of the Officer-In-Charge of Dinara Police Station to the Superintendent of Police, Rohtas in this regard. It appears that even proclamation warrant has been issued against them by the order of the court below.
In the given facts and circumstance of the case, this writ application is being disposed of with a direction to the Superintendent of Police, Rohtas to take review of the matter with a short interval to monitor the steps being taken to arrest the named accused persons and such possible measures be taken which may be required to arrest them. The petitioner is at liberty to bring this matter to the notice of the court below by filing an appropriate application and in case the court below finds that the investigating officer is not pursuing the matter relating to execution of warrant of proclamation against the accused persons, the court below would be well within its jurisdiction to
Patna High Court Cr. WJC No.107 of 2018(2) dt.03-10-2018 3/3 pass such necessary orders which may be required in the ends of the justice.
(Rajeev Ranjan Prasad, J) avin/- U T