Sandeep Kumar @ Kallu Singh Vs The State of Bihar… — Murder and Culpable Homicide | Patna HC (2025)

Sandeep Kumar @ Kallu Singh Vs The State of Bihar… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Investigating Officer directed to conclude further investigation of Bihta P.S. Case No. 288 of 2022 within 90 days, taking into consideration the petitioner's letter dated 1st May, 2022 addressed to the Senior Superintendent of Police, Patna; petition disposed of on contest; no order as to costs.

Issue for consideration

Whether the writ petition of the petitioner, named in the FIR of Bihta P.S. Case No. 288 of 2022 but not charge-sheeted, should be entertained in view of his apprehension of false implication in a subsequent charge-sheet, and his prayer for proper investigation by the Investigating Officer.

Court's answer

Further investigation of Bihta P.S. Case No. 288 of 2022 remains pending to find out whether, besides the charge-sheeted accused persons, others were involved in the commission of the offence causing the death of Lakhu Ram.

Ratio / Principle

The writ petition is disposed of with a direction to the Investigating Officer to conclude further investigation of the case within 90 days of the order, and, while investigating, to take into consideration the petitioner's letter dated 1st May, 2022 addressed to the Senior Superintendent of Police, Patna; the petition is disposed of on contest with no order as to costs.

Detailed headnote1 paragraphs

Patna High Court (Bibek Chaudhuri, J.) disposed of Criminal Writ Jurisdiction Case No. 2110 of 2024 filed by Sandeep Kumar @ Kallu Singh, whose name appeared in the FIR of Bihta P.S. Case No. 288 of 2022 (murder of Lakhu Ram; Sections 302/34 IPC and Section 27 Arms Act), in which Charge-Sheet No. 369 of 2022 had been filed only against Subodh Singh and Rahul Singh while further investigation remained pending on the Investigating Officer's prayer. The petitioner, citing a landed-property dispute with the deceased and apprehending false implication in a subsequent charge-sheet despite his application (Annexure-P/3) to the SSP, Patna for deletion of his name, sought proper investigation. The Court observed that further investigation was pending to ascertain the involvement of persons besides the charge-sheeted accused, and disposed of the petition on contest, directing the Investigating Officer to conclude further investigation within 90 days and to take into consideration the petitioner's letter dated 1st May, 2022 addressed to the SSP, Patna. No order as to costs.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2110 of 2024

Arising Out of PS. Case No.-288 Year-2022 Thana- BIHTA District- Patna

======================================================

Sandeep Kumar @ Kallu Singh Son of Ramjee Sharma Resident of villageNathupur, P.S.- Bitha, District- Patna and premanent at Naubatpur, P.S.Naubatpur. Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar Through Secretary Dept. of Home, Bihar, Patna

The Senior Superintendent of Police, Patna at Patna

The Supreintendent of Police, (Rural), Patna at Patna

The SDPO, concerned Bihta Ps Patna

The SHO, Bihta Ps, Bihta, Patna

The Investigating Officer, Bihta Ps Case no. 288/2022

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv. For the State : Mr. Raghwendra Kumar, SC-22 ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

2 08-04-2025

Indisputably, in connection with Bihta P.S. Case No. 288 of 2022, dated 26^th March, 2022, for the offence under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act for committing murder of one Lakhu Ram, charge-sheet has been filed against one Subodh Singh and Rahul Singh.

It is contended by the petitioner that since he has some dispute over landed property with the deceased, the informant, the wife of the deceased, also named the petitioner in the F.I.R. It is also submitted by the petitioner that though Police submitted charge-sheet in connection with the above mentioned

Patna High Court CR. WJC No.2110 of 2024(2) dt.08-04-2025 2/3

case being Charge-Sheet No. 369 of 2022, the investigation of the case is still pending on the prayer of the Investigating Officer. The petitioner apprehends that since his name is appearing in the F.I.R., he may be falsely implicated in a subsequent charge-sheet. Therefore, he has filed the instant writ petition with a prayer for proper investigation by the Investigating Officer.

It is submitted by the learned Advocate for the petitioner referring to Annexure-P/3 of the writ petition that the petitioner submitted an application before the Senior Superintendent of Police, Patna stating that he has no connection in committing murder of the said Lakhu Ram and, therefore, his name may be deleted from the F.I.R.

It is needless to say that further investigation of the Bihta P.S. Case No. 288 of 2022 is pending to find out as to whether besides the charge-sheeted accused person others are involved in the commission of offence, causing the death of the said Lakhu Ram.

Therefore, the instant writ petition is disposed of directing the Investigating Officer to conclude further investigation of this case within 90 days of the order and while investigating the case, it is expected that he would take into

Patna High Court CR. WJC No.2110 of 2024(2) dt.08-04-2025 3/3

consideration the letter submitted by the petitioner, addressed to Senior Superintendent of Police, Patna on 1^st May, 2022.

With the above order, the instant criminal writ

petition is disposed of on contest.

There shall be no order as to costs.

(Bibek Chaudhuri, J)

pravinkumar/-

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