Deva Gupta v. The State Of Bihar Through The Director General Of Police, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2418 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Deva Gupta S/O Hari Kishore Gupta Resident Of Ward No. 18, Barhai Tola, P.S- Chhatuni, Distt.- East Champaran.

... ... Petitioner/s

Versus

1.

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

The Inspector General of Police, Muzaffarpur Range, Muzaffarpur. Bihar 3.

the Deputy Inspector General of Police, Bettiah Range, Bettiah. Bihar 4.

The Superintendent of Police, Motihari, Distt.- Motihari. Bihar 5.

The Deputy Superintedent of Police, Chakia, Distt.- Motihari. Bihar 6.

The Officer-in-charge, Chakiya Police Station, Distt.- Motihari. Bihar 7.

The Investigating Officer, Chakiya, P.S. Case No. 301 of 2003, Distt.- Motihari. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Respondent/s :

Mr. Sitaram Yadav G.P.16 Mr. Y Narayan AC to GP 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-06-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The present criminal writ is being filed for a direction upon the respondents concerned for the following reliefs:

i) The petitioner who has been arrayed as an accused in Chakiya P.S. Case No. 301 of 2023, registered for offences under sections 302, 120B Indian Penal Code and under section 27 Arms Act, be allowed to join the investigation of the aforesaid case, in order to prove his evidence

Patna High Court CR. WJC No.2418 of 2024(3) dt.23-06-2025 2/3 based on his documentary and oral evidence, in order to prove his innocence, (ii) The petitioner further prays for grant of interim protection in the form of No coercive steps be granted in his favour, during his process of joining/ co-operating the investigation and during his interrogation, if any, (iii) The petitioner further prays that his custody in the aforesaid case may kindly be adjudicated upon after the process of interrogation is complete after the nature of evidence that comes up post the interrogation is presented before this Hon'ble Court.

3. The State has filed a counter affidavit. The State has done investigation on the representation of the wife of the petitioner. The case is under investigation. The representation of the wife of the petitioner is under consideration by the Police.

4. In these circumstances, this case should not be kept pending before this Court at the instance of the accused. If the police find that the petitioner is not involved in the crime in question, final form will be submitted. If the police find enough materials against the petitioner then charge sheet shall be submitted. The petitioner has not doubted the intention of the police.

5. In view of the above, this application is disposed of.

6. The police will investigate the case properly in

Patna High Court CR. WJC No.2418 of 2024(3) dt.23-06-2025 3/3 accordance with law.

7. The interim order dated 06.12.2024 is hereby recalled.

(Sandeep Kumar, J) Shishir/- U T