Patna High Court – Orders
Dr Ahmad Ali vs The State Of Bihar Through The Principal … on 23 June, 2025
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1881 of 2023
Arising Out of PS. Case No.-298 Year-2023 Thana- SIWAN CITY District- Siwan
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1. Dr Ahmad Ali S/O Shafayt Hussain Resident Of P.O And Ps. Bada Chakia,
Chakia, Dist. East Champaran, Presently Posted As Medical Officer, Sadar
Hospital Siwan
2. Arvind Kumar Singh S/O Durga Prasad Singh Village- Fatehpur, Ps. Town
Thana Siwan,Dist.Siwan, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Deptt., Govt. Of
Bihar, Patna Bihar, Patna
2. Director General Of Police, Bihar, Patna Bihar, Patna
3. Superintendent Of Police, Siwan Town, Siwan Bihar, Siwan
4. Sub Divisional Police Officer, Siwan Town, Siwan Bihar, Siwan
5. Mr. Sudarshan Ram, Inspector Cum Station Head, Town Ps. Siwan, Bihar
Bihar, Siwan
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Apurv Harsh, Advocate
Mr. Manu Tripurari, Advocate
Mr. Raghu Raj Pratap, Advocate
Mr. Jaya Singh, Advocate
Ms. Aditi Sahay, Advocate
Mr. Pranshu, Advocate
For the Respondent/s : Mr.Manish Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 23-06-2025
Heard learned counsel for the petitioners; learned
counsel for the State and learned counsel appearing for the
SHO.
2. The petitioners have moved the Court for the
Patna High Court CR. WJC No.1881 of 2023(8) dt.23-06-2025
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following reliefs:
“1. For issuance of an appropriate
Writ, Orders, directions for reinvestigation of
Siwan Town P.S Case no. 298 of 2023 dated
31.05.2023 registered under section 115,147, 149,
323, 342, 32, 307, 332, 353, 504, 506 of IPC and
section 3 (i) (r) (s) of SC-ST Act pending in the
court of Additional Sessions Judge 1st , Siwan, by
an authority appointed by Director General of
Police, Bihar, or Criminal Investigation
Department, Bihar as the present FIR is an act of
high handedness of the Siwan police.
II. For issuance of an appropriate Writ,
Orders, directions Quashing of the Siwan Town
P.S Case no. 298 of 2023 registered under section
115,147, 149, 323, 342, 32, 307, 332, 353, 504,
506 of IPC and section 3 (i) (r) (s) of SC ST Act
pending in the court of Additional Sessions Judge
1st, Siwan for being no offences as is alleged to
have taken place as is stated in the FIR, vis-a vis
the petitioner hereby was assaulted by the
informant and his associates.
III. For issuance of an appropriate
Writ, Orders, directions for registration of an FIR
against the informant for giving wrong
information and registration of false case being
Siwan Town P.S Case no. 298 of 2023 against the
Petitioners.”
3. That brief fact of the case is that on the basis of the
written complaint on the written complaint of Inspector cum
Station Head of Town P.S Sudarshan Ram on 31.05.2023,
which is extracted from sub para nos. I to IV of para 4 of the
present Cr. Writ Petition.
“I. That on 31.05.2023 around 7
o’clock received a call on the official no.
7463868678 and received information on the
call that patient Rajmuni Kumari aged about 22
Patna High Court CR. WJC No.1881 of 2023(8) dt.23-06-2025
3/6years daughter of Satynarayan Singh has died
during the treatment in Welcome Nursing home
wherein she has been admitted in morning only.
II. That the family members of the
deceased started creating ruckus and chaos in
the hospital premises and the same information
has been forwarded to the senior officials also
and reached to the spot of the incident with tiger
mobile.
III. That Police Inspector cum Station
house Officer, Siwan Towan Police station along
with other police personnel reached the place of
occurrence.
IV. That it has been said by the
complainant that on the direction of Dr. Ahamad
Ali the hospital employee Rahul Kumar along
with Arjun Singh and owner of the clinic
building Arvind Kumar started abusing the
relatives of the deceased patient and when the
informant and other police personnel tried to
intervene the said people along with others
closed the grill and started abusing using caste
denoting words and started beating the
informant and the police personnel who were
along him.
V. That during and due to attack the
informant and the police personnel who were
with him got injured who are being treated in
Sadar Hospital, Siwan and the police has
arrested three accused persons from the spot
Rahul Kumar, Arjun Singhand Arvind Kumar
while the unknown person ran away from the
spot and took away the deceased body also.”
4. During investigation, the Dy.SP, Siwan has filed
counter affidavit in compliance of the order of this Court.
Paragraph nos. 13 to 18 of the counter affidavit reads as follows:
“13. That on 11.02.2024, further CCTV
footage was enabled which would show that on
the place of incident Police team and public are
Patna High Court CR. WJC No.1881 of 2023(8) dt.23-06-2025
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fleeing away two members fell down and in the
CCTV footage Havildar Mahanand Yadav and
ASI Shailendra Kumar were found to be falling
while running from the place of incident.
14. That even the statements in writing
were obtained from Station House Officer
Sudharshan Ram and Ranjit Kumar Sah of Town
Police Station and ASI Santosh Kumar.
The Station House Officer Sudharshan
Ram has fully supported his allegation in his
statement.
15. That Ranjit Kumar Sah who is
deputed in Town Police Station, in his statement
in writing informed that on 31.05.2023 during
evening patrolling he was at Babunia More and at
around 6:45 hours the Station House Officer
informed that near Fatehpur Durga Mandir in
Welcome Nursing Home a female patient has
died during treatment and the family members are
aggressively agitating and protesting on the death
of the patient whereupon the patrolling party
reached the place of incident and found that the
family members of the victim are causing
nuisance and protesting in the hospital
whereupon he tried to pacify the situation and in
the meanwhile the Station House Officer with his
team has also arrived.
16. That in fact as per him, the entire
team was trying to pacify the situation and ASI
Santosh Ram, ASI Shailendra Kumar and
Constables Rahul Kumar and Sahazad Ali also
arrived who were deputed in Tiger Mobile.
17. That as per his statement,
meanwhile the Petitioner No.2 Arvind Kumar
Singh who is the owner of the clinic, he also
arrived on a motorcycle and put the wheel of the
motorcycle upon the foot of Havildar Mahanand
Yadav and protested as to why the Police team
has arrived and when the Havildar informed that
there is law and order problem, the petitioner no.
1 Dr. Ahmed Ali and his staffs started assaulting
upon the Police team with lathi/danda causing
injuries to Havildar Mahand Yadav, ASI
Patna High Court CR. WJC No.1881 of 2023(8) dt.23-06-2025
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Constable Sahzad Ali and Station House Officer
Sudharshan Ram who were taken for treatment
and thereafter the case was lodged.
18. That similar statements were also
given in writing by ASI Santosh Ram.
Thus, the informant and witnesses have
supported the prosecution case and it is also a fact
that during examination of the materials and upon
viewing the CCTV footage it was seen that few
persons are assaulting police team by slapping the
Police team and in that process there was
stampede type situation and Havildar Mahandand
Yadav and ASI Shailendra Yadav fall down and
even Constable Rahul Kumar and Sajid Ali also
got injured in that process and the Petitioner No.1
is not seen in the video, Nor any person is seen
with lathi danda/iron rod or any sharp cutting
weapon.
Accordingly, after analysis,
Superintendent of Police, Siwan has found the
case to be true under Sections 341 /323 /353 /
504/34 of the IPC and under Section 3 (1)(r)(s) of
the SC and ST (Prevention of Atrocities) Act
against FIR named accused Rahul Kumar, Arjun
Singh and Arvind Kumar Singh as also against
unidentified accused persons and role of Dr.
Ahmed Ali (Petitioner No.1) was not found in the
incident so far.
The S.P., Siwan has found that there is
no ingredient to implicate the accused persons
under Sections 147 /149 /342/ 325/ 307/
332/333/506/115 of the IPC and thus the
Investigating Officer has been directed to obtain
the CCTV footage and to seize it under a valid
seizure list and to trace out the identified accused
persons and comply with other directions issued
earlier in the case.”
5. From the counter affidavit, it appears that the
allegation levelled in the FIR against the petitioners appears to
be false.
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6. In these circumstances, this petition is allowed.
7. The FIR bearing Siwan Town P.S. Case No. 298 of
2023 is quashed qua all the accused persons named therein.
(Sandeep Kumar, J)
P. Kumar
U T