Md. Moinuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.11 of 2025 Arising Out of PS. Case No.-740 Year-2021 Thana- BIHTA District- Patna ====================================================== Md. Moinuddin S/O Late Abdul Hakim Resident of Village- Lai, Police Station- Bihta, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Director General of Police, Patel Bhawan, J.L Nehru Marg, Patna Bihar 3.

The Deputy Inspector of General, Patel Bhawan, J.L Nehru Marg, Patna Bihar 4.

The Senior Superintendent of Police, Patna Bihar 5.

The City Superintendent of Police, West, Patna Bihar 6.

The Sub Divisional Police Officer, Danapur, Patna Bihar 7.

The Officer-in-Charge of Bihta Police Station, District- Patna Bihar 8.

Md. Islam Son of Gulam Rasool Resident of Village- Lai, Police Stqation - 0, Bihta, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheikh Arkan Ahmad For the Respondent/s :

G.A.10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-06-2025 Heard learned counsels for the parties.

2. The present application has been filed for commanding and directing the respondents to add Section 307 of the Indian Penal Code in the FIR vide Bihta P.S. Case No.740 of 2021, under District-Patna dated 01.10.2021 and Charge Sheet No.480 of 2023, dated 31.05.2023 because the police instituted Bihta P.S. Case No.740 of 2021, under Sections 147, 149, 341, 323, 448, 504 of the Indian Penal Code in as much the

Patna High Court CR. WJC No.11 of 2025(2) dt.30-06-2025 2/2 informant, namely, Md. Moinuddin has sustained two injury and two simple in nature along with Wasim Akram sustained four injuries in nature of simple and Md. Shaif also sustained injury in nature of simple.

3. The prayer of the petitioner is that though the offence under Section 307 of the IPC is made out from the allegations and the injuries in the case but the police has not submitted chargesheet under Section 307 of the IPC and has submitted chargesheet under less graver sections.

4. This application is disposed of with liberty to the petitioner to raise the ground of offence under Section 307 of the IPC is being made out at the stage of framing of charge and if such an application is filed, the same shall be considered by the learned Court below in accordance with law. (Sandeep Kumar, J) shikha/- U