IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.238 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- KARAHGAR District- Rohtas ====================================================== Sundeshwar Kumar Das, Son of Ram Prasad Das, R/O Village- Nayatola, P.S.- Goriyari, District- Darbhanga At Present Sub Inspector Of Police, P.S.- Kargahar, District- Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar Singh, Advocate Mr. Dinesh Maharaj, Advocate For the State : Mr. P.K. Shahi, AG Mr. Sadanand Paswan, Spl. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 4 26-06-2025 This Court is confronting with a palpably erroneous order passed by the learned Additional District Judge-17, Rohtas at Sasaram, in Kargahar Police Station Case No. 31/2023, dated 28th January, 2023, for the offence punishable under Sections 341/323/307/354B/504/506/34 of the IPC and Sections 3(1)(r) (s) of the SC/ST (Prevention of Atrocities) Act, 1989. Suffice it to say that the aforesaid P.S. Case was registered on the basis of a written complaint submitted by one Indrasani Devi on 28th January 2023. It is alleged in the FIR that on 27th January 2023 at about 12:00 noon, a minor boy of one Dhanaji Paswan, namely, Mallu, and other children were playing on the village road. At that time, one Abul Dafaat, son of Iqbal Mia, was Patna High Court CR. REV. No.238 of 2023(4) dt.26-06-2025 2/7 proceeding through the said village road. While he was going, a piece of earthen tile struck the said Abul. The boys who were playing abused Abul over the said incident; however, they were immediately intervened by Dhanaji Paswan, who asked the said boys not to abuse him. Subsequently, at about 1:00 pm, when Dhanaji Paswan, wife of Upendra Paswan, Sanjay Paswan, and one Meena Kumari were grazing their goats in front of Kaliasthan, Iqbal Mia and his son Parvez Alam came to the spot and abused Paswans with filthy language and started to assault them. After some time, Sonu Mia, Ganni Mia, Salim Mia, and Muslim Mia came to the spot and severely assaulted the family members of the Paswan family and almost disrobed them. They were shouting for help. Thereafter, all the accused persons severely assaulted the victims, as a result of which they sustained severe injuries on their person. They were brought initially brought to the primary health center, from where they were referred to Sasaram District Hospital, where they were treated. On 25th February 2023, FIR-named accused Iqbal Mia was brought under arrest. Be it mentioned here that the said Iqbal Mia was arrested by the investigating officer on 24th February, 2023. After his production before the learned Special Judge, he passed the following order: Patna High Court CR. REV. No.238 of 2023(4) dt.26-06-2025 3/7 djxgj Fkkuk dkaM la0 31@2023 fnukad 25&02&2023 vuqla/kkudrkZ laqns’oj dqekj nkl }kjk vxzlkj.k izfrosnu ds lkFk fxjQ~rkjh eseks] psd fyLV dksfoM fjiksVZ fnukad 24-02-2023 rd dh okn nSfudh dh Nk;k izfr layXu djrs gq, fxjQ~rkj vfHk;qDr bDcky fe;k mQZ ckyk fe;k mez 64 lky firk Lo0 eksgEnhu fe;ka xzke f=yksdiwj Fkkuk djxgj ftyk jksgrkl dks iqfyl vfHkj{kk esa izLrqr fd;k x;kA fxjQ~rkjh eseks ls Kkr gksrk gS fd blesa fxjQ~rkjh dk dkj.k bl okn esa vfHk;qDr gksuk n”kkZ;k x;k gSA vuqla/kkudrkZ dk dFku gS fd psd fyLV esa ftl ij lgh dk fu”kku yxk;s gSa ogh lgh gSA psd fyLV ds voyksdu ls irk pyrk gS fd vfHk;qDr dks iwoZ esa fdlh vkijkf/kd dkaM eas vkjksfir ;k nafMr gqvk n”kkZ;k x;k gS tcfd bldk fooj.k vyx iUus ij ugha fn;k x;k gSA psd fyLV ds dkWye lh ds vUrxZr vfHk;qDr }kjk dkaM ds lk{; ds lkFk NsM+NkM+ djus ;k fou’V djus dh vk”kadk O;Dr dh x;h gSA okn nSfudh ds voyksdu ls Kkr gksrk gS fd dgh Hkh ml dsl dk fooj.k ugha fn;k x;k gSA ftlds Lkaca/k esa psd fyLV esa vfHk;qDr ds vkjksfir ;k nafMr djus dh ckr dgh x;h gSA okn nSfudh esa ;s Hkh mYys[k ugha fd;k x;k gS fd fdl vk/kkj ij bl okn ds fdl lk{; ls NsM+NkM+ ;k mldks fou’V djus dh vk”kadk gSA ;s Hkh mYys[k ugha fd;k x;k gS fd fdl vk/kkj ij mDr vk”kadk O;Dr dh x;h gSA vuqla/kkudrkZ mifLFkr gS mDRk lac/k esa buds }kjk dksbZ Hkh larks’ktud mRrj ugha fn;k x;k gSA fxjQ~rkjh Patna High Court CR. REV. REV. No.238 of 2023(4) dt.26-06-2025 4/7 dk dkj.k ek= vfHk;qDr gksuk n”kkZ;k x;k gS bu rF;ksa ls izrhr gksrk gS fd mDr vuqla/kkudrkZ }kjk nqHkkZouk iw.kZ rjhds ls ,oa fxjQ~rkjh gsrq i;kZIr vk/kkj ds fcuk fxjQ~rkj dj izLrqr fd;k x;k gS tks dh ekuuh; loksZPp U;k;ky; } kjk fn;s x;s fxjQ~rkjh gsrq tkjh fn”kk funsZ”kksa ds izfrdwy gSA vfHkys[k ls ;g Hkh Li’V gS fd /kkjk 307 Hkk0n0fo0 ds vUrxZr izkFkfedh ntZ dh x;h gS fdUrq t[e izfrosnu izLrqr ugha fd;k x;k gSA vr% mDr rF;ksa dks n`f’Vxr djrs gq, vfHk;qDRk dks i;kZIr vk/kkj ds vHkko esa fjekaM djuk U;k;ksfpr izrhr ugha gksrk gSA bu rF;ksa ds ifjizs{; esa vuqla/kkudrkZ }kjk nkf[ky vxzlkj.k izfrosnu esa fd;s x;s fuosnu dks vLohd`r fd;k tkrk gSA vuqla/kkudrkZ dks funsZf”kr fd;k tkrk gS fd mDr laca/k esa v/kksLrk{kjh ds le{k Li’Vhdj.k izLrqr djsaA dk;kZy; fyfid dks funsZf’kr fd;k tkrk gS fd vuqla/kkudrkZ dks bl vkns”k ls vfoyEc voxr djk;s ,oa bl vkns”k dh ,d izfr iqfyl v/kh{kd jksgrkl dks lwpukFkZ ,oa vko”;d dk;ZokbZ gsrq izsf’kr djsaA Dictated I/c Additional District Judge-17 Rohtas at Sasaram 2. The I.O. of the case, as petitioner, has challenged the legality, validity, and propriety of the order dated 25th February, 2023. 3. I have heard the learned Advocate for the petitioner as well as the learned Advocate General, State of Bihar to Patna High Court CR. REV. No.238 of 2023(4) dt.26-06-2025 5/7 understand the purported meaning of the order, which I could not comprehend. It is needless to say that if an accused is brought under arrest, the primary duty of the Magistrate or the Special Judge is to take the accused into custody. Subsequently, he is at liberty to offer him bail if he is concerned with the bailable offence. Alternatively, if he is concerned in non-bailable offence, he will be remanded to JC unless no bail petition is filed praying for bail of the accused. If the bail petition is filed, it is the duty of the learned Judge to dispose of the bail petition in accordance with the law and pass the necessary order. 4. In the instant case, the accused was not taken to custody though he was arrested for committing non-bailable offence under Section 307 of the IPC and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act, 1989. The accused was not then remanded to JC. On the other hand, the accused was straightaway directed to leave the court by the learned trial judge. This direction is unheard of under the provision of the CrPC. 5. The learned Advocate General frankly submits that the investigating officer ought to have served a notice under Section 41A of the CrPC, in view of the direction of the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, Patna High Court CR. REV. No.238 of 2023(4) dt.26-06-2025 6/7 reported in . 5. Failure on the part of the investigating officer to comply with the provision of section 41A of the CrPC might be a ground for releasing the accused on bail with appropriate direction to meet the I.O. for interrogation, but without passing any order, an accused when produced before the court of law cannot be held to leave the Court in the manner in which it was done. I am constrained to note that the learned Additional District Judge 17th, Rohtas at Sasaram, is not aware about the Chapter XI and Chapter XXXIII of the Code of Criminal Procedure. It is high time that the concerned officer be directed to take training at the Bihar Judicial Academy with regard to the provisions of investigation by police, Magistrates/Special Judges’ power during investigation, and provisions relating to bail. The High Court Administration is requested to direct the concerned judicial officer to take training on the above subjects at the Bihar Judicial Academy. The copy of the order be sent to the Registrar General, The High Court of Judicature at Patna, for information and compliance. In the meantime, criminal powers be withdrawn from the concerned judicial officer. 6. Accordingly, the order dated 25th February 2023 is set aside. Patna High Court CR. REV. No.238 of 2023(4) dt.26-06-2025 7/7 7. The investigating officer is directed to produce the accused once again before the learned Special Judge, SC/ST Act, following the provision of law. The learned Special Judge SC/ST Act is at liberty to deal with the accused following the provisions of laws strictly. 8. With the above order, the instant criminal revision is disposed of. Suraj Dubey/- (Bibek Chaudhuri, J) U T