Disposed¶28

Bipin Bihari @ Bipin Singh v. The State of Bihar through the Addl. Chief Secretary, Home Department, Govt. of Bihar, Patna

Patna HC1 May 2025CR. WJC/444/2025

Case brief

AI extract

What is this about?

Patna High Court CR. WJC No.444 of 2025 (decided 01-05-2025, Sandeep Kumar, J): writ seeking CBI or CID investigation of Kiul GRPS Case No.09/2025 (BNS 2023 ss.103(2), 61(2); Arms Act s.27) on allegation of false implication; disposed of with liberty to approach the Magistrate, who has power to control and guide investigation; relies on Sakiri Vasu vs. State of U.P., (2008) 2 SCC 409.

What did the court decide?

Liberty to the petitioner to approach the Magistrate concerned in light of Sakiri Vasu vs. State of U.P., (2008) 2 SCC 409; no direction to the CBI or CID and no express bar on coercive action was granted. ¶28

Bipin Bihari @ Bipin Singh Vs The State of Bihar… — Murder and Culpable Homicide | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.444 of 2025

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Arising Out of PS. Case No.-9 Year-2025 Thana- KIUL RAIL P.S. District- Lakhisarai

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

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Bipin Bihari @ Bipin Singh Son of Parashuram Singh Resident of Village - Mahisona, P.S. - Tetarhat, District - Lakhisarai

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Praveen Bharti Son of Madan Ram Resident of Village - Mahisona, P.S. - Tetarhat, District - Lakhisarai

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Subodh Ram Son of Yugal Ram Resident of Village - Mahisona, P.S. - Tetarhat, District - Lakhisarai ... ... Petitioner

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Versus

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The State of Bihar through the Addl. Chief Secretary, Home Department, Govt. of Bihar, Patna Bihar

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The Additional Chief Secretary, Department of Home, Bihar, Patna Bihar

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The Director General of Police, Bihar, Patna Bihar

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The Inspector General of Police, Munger Bihar

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The Deputy Inspector General of Police, Munger Bihar

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The Superintendent of Police, Lakhisarai Bihar

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The Deputy Superintendent of Police, District- Lakhisarai Bihar

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The Station House Officer-Cum-Officer In Charge of GRPS, Jamalpur Railway, District-Munger Bihar

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The Central Bureau of Investigation, through Joint Director, Kautilya Marg, Bihar, Patna Bihar

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The Crime Investigation Department, through its Additional Director General of Police Sardar Patel Bhawan, Bailey Road, Patna, Bihar

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Arti Kumari Wife of Late Dharmendra Kumar Sao Resident of Mahisona, P.S. - Tetarhat, District - Lakhisarai

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Advocate Mr. Shreekant Vaidya, Advocate Mr. Bijay Kumar, Advocate For the State : Mr. Suman Kumar Jha, A.C. to A.A.G.-3 For Respondent No.9 : Ms. Nivedita Nirvikar, Senior Advocate Mr. Pravin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 01-05-2025 Heard the parties.

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Patna High Court CR. WJC No.444 of 2025(2) dt.01-05-2025 2/3

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2 . By way of this criminal writ application, the

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petitioner has prayed for the following reliefs:-

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“(i) For issuance of direction/writ/order in the nature of mandamus directing the respondent no.9 to hold/conduct investigation independently and impartially of Kiul GRPS Case No.09/2025 dated 21.01.2025 registered for offence u/s 103(2), 61(2) of BNS, 2023 and u/s 27 of Arms Act since the petitioners have been falsely implicated in the present case at the instance of respondent no.11 who wrecked vengeance against the petitioners.

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(ii) For issuance of direction/writ/order that if the Hon'ble Court does not find favour with the prayer of the petitioners to direct CBI for conducting investigation of Kiul GRPS Case no. 09/2025 then alternatively, the CID, Bihar Patna, respondent no.10 may be directed to conduct investigation of Kiul GRPS case No. 09/2025 registered by respondent no. 11 so that independent and impartial investigation may be carried.

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(iii) For issuance of direction/writ/order to the concern person not to take any coercive action against the petitioners during pendency of the petition and the investigation would not be concluded.”

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3. This application is disposed of with liberty to

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the petitioner to approach the Magistrate concerned in light of

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Patna High Court CR. WJC No.444 of 2025(2) dt.01-05-2025 3/3

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the law laid down by the Hon’ble Supreme Court in the case of Sakiri Vasu vs. State of U.P. reported as (2008) 2 SCC 409 since the Magistrate has jurisdiction to exercise the power of controlling and guiding the investigation.

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(Sandeep Kumar, J)

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pawan/-

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U T

Bipin Bihari @ Bipin Singh v. The State of Bihar through the Addl. Chief Secretary, Home Department, Govt. of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Bipin Bihari @ Bipin Singh v. The State of Bihar through the Addl. Chief Secretary, Home Department, Govt. of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

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