Patna High Court – Orders
Jaju Kumar Singhal vs The State Of Bihar Through Chief … on 17 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1660 of 2024
Arising Out of PS. Case No.-506 Year-2024 Thana- BIHTA District- Patna
======================================================
Jaju Kumar Singhal Son of Late Swadesh Chandra Prakash Resident of Ward
No.4, Mahadeva Road, Bihta, P.S. - Bihta, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar Bihar
2. The Principal Secretary, Home Department, Government of Bihar, Patna
Bihar
3. The Director General of Police, Patna, Bihar Bihar
4. The District Magistrate, Patna Bihar
5. The Senior Superintendent of Police, Patna Bihar
6. The Superintendent of Police, Patna West, Bihar Bihar
7. The Deputy Superintendent of Police, Danapur, Patna Bihar
8. S.H.O., Bihta Police Station, Bihar Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rounak Sinha, Advocate
For the Respondent/s : Mr. Ramadhar Singh, G.P.25
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
5 17-01-2025
Today the matter is fixed for personal appearance
of Mr. Brijesh Kumar Singh, ASI attached to Bihta Police
Station and Investigating Officer of Bihta P.S. Case No.506
of 2024 dated 06.06.2024 under Sections 341, 323, 307, 354,
379, 380, 427, 449, 450, 451, 452, 461, 504, 506/34 of the
Indian Penal Code. The above named police officer is present
in Court and he is represented by Mr. Ramadhar Singh,
learned Advocate.
2. The learned counsel for the petitioner as well as
Patna High Court CR. WJC No.1660 of 2024(5) dt.17-01-2025
2/7
the State-Respondents are present.
3. Having heard the learned counsels for the
parties, this Court is of the view that the present writ petition
can be disposed of here and now. The petitioner has filed the
instant writ petition for the following reliefs :-
i. For declaring and holding that the
petitioner is entitled to live in a peaceful and
secured environment and enjoy the life with full
dignity devoid of any semblance of fear, threat and
violence as envisaged under Article 21 of the
Constitution of India.
ii. For declaring and holding that
petitioner is entitled to run his shops namely M/s
Alok Fashion and M/s Siddhi Vinayal Life Style in
a conducive and peaceful environment without any
unlawful interference, threat, coercion, fear and
insecurity.
Iii. For directing the Respondent
Authorities and especially mandating the Bihta
Police Station to provide the necessary protection
to the petitioner and his family members which
also extends to ensure the smooth running of
Patna High Court CR. WJC No.1660 of 2024(5) dt.17-01-2025
3/7petitioner’s said shops without fear of unlawful
interference or disruption from threats, violence
and intimidation perpetrated by the persons
namely Alok Kumar, Anil Kumar and Harish
Kumar and other nefarious elements.
iv. For grant for any such other relief(s)
which the petitioner may be found legally entitled
in the given facts and circumstances.”
4. It is submitted by the learned Advocate for the
petitioner that the petitioner has been running a shop under
the name and style of M/s Alok Fashion at Mahadeva Road
within Police Station Bihta. He constructed the said shop by
taking huge amount of loan from a nationalized bank and by
his hard work he established his business, thereafter, he sets-
up another shop under the name and style of M/s Siddhi
Vinayak Life Style, which is being run by his own brother.
Accused Alok Kumar and Anil Kumar are the maternal
uncles of the proprietors of the said shop, they allowed them
to work as salesmen in the said shop. It is alleged that taking
advantage of their relationship they committed theft of a sum
of Rs.1,00,000/- from the cash box of M/s Alok Fashion, they
also snatched away valuable materials from the said shop,
Patna High Court CR. WJC No.1660 of 2024(5) dt.17-01-2025
4/7
forcibly closed the shutter and damaged the CCTV Camera
of the said shop. They also severely assaulted the brother and
sister of the proprietor of M/s Alok Fashion. The sister of the
proprietor of M/s Alok Fashion submitted a complaint in the
local police station, which was not initially registered, when
the sister of the proprietor of the said shop went to the police
station they found that the accused persons were sitting in the
police station and they were cordially treated by the police
officers including the Investigating Officer. In the police
station itself the accused persons obtained signature of the
sister of the proprietor of M/s Alok Fashion on some blank
papers. Subsequently, under the intervention of the Court, the
F.I.R. was registered. The investigation was handed over to
ASI, Brajesh Kumar Singh of Bihta Police Station. The
investigation is being supervised by the SDPO of Bihta
Circle, in the counter affidavit the supervision report is
annexed. The following paragraphs of the supervision report
is important and recorded below:-
“i;Zosa{k.k ds dze esa ;g ckr esa izdk”k es vk;h gS fd
okfnuh ,oa vfHk;qDr nksuksa vkil esa ekek Hkfxuh gS vkSj nksuks ds chp iwoZ ls
tehu ,oa iSlk rFkk nqdku dks ysdj dbZ ckn okfnuh ,oa buds lkFk
ekjihV mDr vfHk;qDrksa }kjk fd;k x;k gSA budh ukuh Jherh jkf/kdk nsoh
mez djhc 75 o’kZ ifr Jh Hkqous”oj izlkn lkfdu vkyksd QZ”ku egknsok
jksM fcgVk Fkkuk&fcgVk ftyk&iVuk ds }kjk vius ukrh tktq dqekj fla/ky
Patna High Court CR. WJC No.1660 of 2024(5) dt.17-01-2025
5/7ds uke ls tehu dks jftLVªh dj nh vkSj ;s vius ukrh ds lkFk gh mlh
edku esa jg jgh gSA ftleas buds ukth tktq dqekj fla/ky ds }kjk cSad
vkWQ cM+kSnk] fcgVk ls 35]00000@& iSrhl yk[k :i;k csSad vkWQ cM+kSnk]
fcgVk ls yksu ysdj flf) fouk;d ykbQ LVkby nqdku [kksyk ftlesa
okfnuh ds ukuh ds dgus ij tktq }kjk vius ekek vkyksd dqekj dks flf)
fouk;d nqdkj pykus ds fy, j[kk x;kA bl chp dqN fnu ds ckn tc
buds HkkbZ tktq }kjk flf) fouk;d nqdku dk fglkc&fdrkc vius ekek
vkyksds dqekj ls ekaxk x;k rks buds HkkbZ ,oa buds ekek vfuy o vkyksd
ds chp fookn mRiUu gks x;kA blh chp fnukad& 12-03-2024 dks vkyksd
QS”ku fLFkr vius ?kj ij FkhA rks le; djhc nksigj 3%00 ct 1&vfuy
dqekj mez 55 o’kZ 2&vkyksd dqekj mez 45 o’kZ nksuks firk Jh Hkqous”oj
izlkn 3&gjh”k dqekj mez djhc 27 o’kZ firk Jh vfuy dqekj rhuks
xzke&Lokeh lgtkuan dkyksuh jk?kksiqj] Fkkuk&fcgVk ftyk iVuk
4&f=yksdhukFk mez djhc 40 o’kZ firk Lo0 vksedkj ukFk lkfdu&cfg;kjk]
Fkkuk&pkanh 5&yyu izlkn mQZ izse iadt mez djhc 55 o’kZ es;j fir Lo0
jktsUnz izlkn ckal Vky] Fkkuk Vkmu vkjk nksuks ftyk&Hkkstiqj ,oa 05 vKkr
O;fDr;ksa ds lkFk buds HkkbZ ds nqdku ds ikl vkdj vkyksd QS”ku nqdku
dk “kkVj dk rkyk dks dkVus ds ckn cksMZ dks m[kkM+us yxs rks buds HkkbZ
dqekj ftEeh nkSM+dj mu yksxksa dks jksdus yxs brus eas vfuy dqekj] vkyksd
dqekj ,oa gjh”k dqekj ,der gksdj buds HkkbZ dqekj ftEeh ds mij
tkuysok geyk djrs gq, tehu ij iVddj Nkrh ,oa flj ij ekjus yxk
ftlls budk HkkbZ xaHkhj :i ls t[eh gks x;kA tc ;s vius HkkbZ ds lkFk
ekjihV gksrs ns[kdj chp cpko djus xbZ rks vkyksd dqekj budk cky
[khapdj LdqVj ij iVd fn;k vkSj buds lkFk xank&xank xkyh nsrs gq, ykr
ls buds Nkrh ,oa isV ij ekjihV dj xaHkhj :i ls t[eh dj fn;sA rc ;s
lc yksx buds nqdku dk “kVj dk rkyk dkVdj nqdku ds vanj esa j[kk
FkSyk esa djhc 1 yk[k :i;k vkSj nqdkj dk dherh lkeku ysdj ,oa nqdku
ds vanj yxs lh0lh0Vh0oh0 dSejk dks {kfrxzLr dj fn;sA gYyk dh vkokt
gksrq ns[k vkl ikl ds yksx tqV x;s vkSj chp cpko dj >xM+k dks NqM+k;s]
rc viuk bZykt djkus vLirky xbZ tgkWa viuk bykt djk jgh gSA^^
5. Thus, it is clear from the supervision report that
the allegation made against the accused persons are prima-
Patna High Court CR. WJC No.1660 of 2024(5) dt.17-01-2025
6/7
facie true. Out of five accused persons, the Investigating
Officer arrested only one accused, who was subsequently
granted bail. Other accused persons obtained anticipatory
bail. The Investigating Officer did not take any attempt to
recover the stolen money or stolen articles. He did not cease
the CCTV of the shop of M/s Alok Fashion which was
admittedly damaged by the accused persons. He did not give
any police protection to the proprietor of the said shops and
the petitioner, so that the said shops may be opened. He also
did not take any step to mediate the family dispute between
the complainant and the accused persons. He also did not
examined any neighboring people to ascertain the truthful of
the incident under Section 161 of the Cr.P.C.
6. Thus, it is found that the Investigating Officer is
proceeding with the investigation of the case in a perfunctory
manner.
7. Under such circumstances, the instant writ
petition is disposed of directing the Investigating Officer as
well as the S.H.O. of Bihta Police Station to give police
protection in respect of the life and liberty of the proprietors
of M/s Alok Fashion and M/s Siddhi Vinayak Life Style.
8. Since, the present Investigating Officer is not
Patna High Court CR. WJC No.1660 of 2024(5) dt.17-01-2025
7/7
proceeding with the investigation, further charge of
investigation be handed over to a police officer not below the
rank of Inspector attached to Bihta Police Station or under
the control of SDPO, Bihta.
9. The Police Authority attached to Bihta Police
Station is directed to render police help for protection of life
and liberty of the petitioner and her family members, so that
they can run their business in peaceful environment without
any unlawful interference, threat, coercion, fear and
insecurity.
10. With the above direction, the instant writ
petition is disposed of.
(Bibek Chaudhuri, J)
mdrashid/-
U T
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