IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.720 of 2024 Arising Out of PS. Case No.-332 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== Surendra Prasad son of Bindeshwar Prasad R/o- Chandi Mor harnaut Ps- Harnaut Dist- Nalanda, P/A- Nehusa Bigha Po- Nehusa Ps- Harnaut Dist- Nalanda ... ... Petitioner/s Versus 1. The State of Bihar through the Home Secretary, Govt. of Bihar, Patna Bihar 2. The Director General of Police, Govt. of Bihar, Patna Bihar 3. The Inspector General, Patna Division, Patna Bihar 4. The Deputy Inspector General, Patna Division, Patna Bihar 5. The Superintendent of Police, S.P Office, Bihar Sharif, Nalanda Bihar 6. The Sub Divisional Officer, SDPO, Sub Division Bihar Sharif, Nalanda Bihar 7. The Deputy Superintendent of Police, sub Division Bihar Sharif, Nalanda Bihar 8. Sri Neeraj Kumar Singh, Posted the Circle Officer, Harnaut Nalanda Bihar 9. Sri Devanand Sharma, that time Posted the Thana Incharge cum SHO, Harnaut Dist- Nalanda Bihar 10. Sri Ravindar Kumar, The Sub Inspector, Harnaut Nalanda Bihar 11. Shiv Shambhu Kumar son of Late Baijnath Singh Aadarsh Nagar, Chandi Mor NH-31, At Po Ps- Harnaut Dist- Nalanda, P/A- Moharampur Po Ps- Bihta Dist- patna 12. Ashok Kumar son of Late Baijnath Singh Aadarsh Nagar, Chandi Mor NH- 31, At Po Ps- Harnaut Dist- Nalanda, P/A- Moharampur Po Ps- Bihta Dist- patna 13. Babloo Kumar son of Late Baijnath Singh Aadarsh Nagar, Chandi Mor NH- 31, At Po Ps- Harnaut Dist- Nalanda, P/A- Moharampur Po Ps- Bihta Dist- patna ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jayram Sharma For the Respondent/s : Mr. S.C 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 06-05-2025 Heard the learned counsel for the petitioner and the learned counsel for the State. Patna High Court CR. WJC No.720 of 2024(4) dt.06-05-2025 2/3 2. This application has been filed for issuanceof appropriate order for the authority concerned especially to add Section 302 of I.P.C. in connection with Harnaut P.S. Case No. 332/2021 dated 31.07.2021 because the injured victim succumbed within eight days during course of treatment i.e., 09.08.2021 from the said caused injury of the date of occurrence i.e., 31.07.2021 and in the post-mortem report of the body of the deceased shows multiple black color bruise present over back from angle of scapular region to B/L gluteal region swelling over occipital region that is vital part of the Body and viscera preserved and opinion was reserved and further to take necessary judicial action against the Government Authority (Respondent No.-8,9,10) who forcibly demolished the house of the petitioner without any judicial order and assaulted his family members including the mother of the petitioner and also further be grant to the consequential benefits to the petitioner after perusal of the mobile recording, video recording and videography taken during the time of occurrence dated 31.07.2021 by the peoples. 3. The contention of the learned counsel for the petitioner is that from the materials available on record, offence under Section 302 of the IPC is made out against the accused Patna High Court CR. WJC No.720 of 2024(4) dt.06-05-2025 3/3 persons as the injured victim succumbed within eight days. 4. This application is disposed of with a direction to the Court below to consider the materials available on record and if the Court below finds that offence under Section 302 IPC is made out then the cognizance shall be taken against the accused persons under Section 302 IPC but if the Trial Judge finds that no offence under Section 302 IPC is made out then he will not take cognizance under Section 302 IPC merely because the matter has been directed to be considered by the Trial Judge and he will act in accordance with law. 5. It is clarified that this Court has not applied its mind to the facts of the case. Shishir/- (Sandeep Kumar, J) U