IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26725 of 2025 Arising Out of PS. Case No.-188 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Mohammad Saif Son of Mohammad Shahzad Resident of Mohalla - Karbala Dargah Road, P.S.- Sultanganj, District - Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shyamal Prakash, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Gardanibagh P.S. Case No. 188 of 2024 for the offence under sections 392, 34 of the Indian Penal Code, lodged on 28.03.2024 by the informant, Govinda Devi. 3. As per the prosecution story, the informant alleged that she took an Auto from Beur More to Tej Pratap Nagar, when two more persons boarded and later after threatening her snatched her gold earring, gold ring as also cash amount. This led to the FIR. 4. Subsequently, the investigation took the police to the door of the petitioner from where the said Auto used in Patna High Court CR. MISC. No.26725 of 2025(3) dt.20-08-2025 2/6 the crime was recovered/seized. 5. Learned counsel for the petitioner submits that he being the owner, had no knowledge about the incident which in any case can be attributed to Md. Zahid, the driver. 6. On the other hand, Learned APP has taken this Court to the para-3 of the petition to show that not only the auto used in the crime has been recovered from his premises, the petitioner has also been made accused in the Air Port P.S. Case No. 166 of 2022 and Khagaul P.S. Case No. 261 of 2023, both under Section 392 of the Indian Penal Code. 7. Taking into account the submissions of the parties as also the regular feature in the State Capital of crime with the passengers in the Auto/E-rickshaw, specially under Airport Police Station, Shastri Nagar Police Station, S.K. Puri Police Station, Khagaul P.S., Sachivalaya P.S. and Kadamkuan P.S. to say the least and in this case, Gardanibagh Police Station, it is high time that the Senior Superintendent of Police, Patna takes cognizance of the matter and plug the loopholes. 8. So far as the anticipatory bail of the petitioner is concerned, the same is rejected. 9. Having rejected the anticipatory bail application Patna High Court CR. MISC. No.26725 of 2025(3) dt.20-08-2025 3/6 of the petitioner, this Court would like to have a reply by way of counter-affidavit from the Senior Superintendent of Police, Patna on the points as follows: (i) why the Police is not having any list of the Auto/E-rickshaws plying in the State Capital from Khagaul P.S. to Malsalami P.S. (all the Police Stations in between included); (ii) why proper verification report of all the Autos/E-rickshaws plying under a particular Police Station has not been forwarded by the S.H.O. of a particular Police Station to the Office of the Senior Superintendent of Police, Patna; (iii) why the criminal antecedent of the Auto/E-rickshaw drivers is/are not being verified and accordingly action taken in the matter; (iv) why the office of the Senior Superintendent of Police, Patna not regulating the plying of the Autos/E-rickshaws in the State capital by: “(a) seeking reports from all the Police Stations about the number of Autos/E- rickshaws plying validly with all proper documents and the driver having no criminal Patna High Court CR. MISC. MISC. No.26725 of 2025(3) dt.20-08-2025 4/6 antecedent; (b) preparing a list of Autos/E- rickshaws Police Station wise with complete details of the vehicle with the name of the owner/driver alongwith their respective mobile numbers; (c) why they are not being directed to use proper uniform as is being used in Metropolitan cities specially in Mumbai; (d) why after registering their respective details, each and every driver is not provided a batch number to be displayed on his/her uniform so that he/she can be easily identified; (e) why the regular inspections are not made at the Railway Stations under Patna Jurisdiction specially at Patna Junction/Rajendranagar/Danapur/Patliputra/ Gulzarbagh and Patna Sahib as also Bus stands in the night randomly going through the details of some of the Autos/E-Rickshaws parked there by checking their credentials.” Patna High Court CR. MISC. No.26725 of 2025(3) dt.20-08-2025 5/6 10. Additionally, the S.S.P., Patna shall be providing report on the number of cases registered in the State capital from Khagaul to Malsalami P.S. (all the Police Stations in between included) between 01.01.2025 to 30.06.2025 inasmuch as: (i) the passengers looted in an Auto/E-Rickshaw; (ii) the morning walkers relieved of their valuables. 11. The Police has to realize that the responsibility upon them is not only to crack a case, it is also important for them to check the crime so that a passenger alighting from the Train/Bus Stand/Airport gets a safe passage to his/her home. 12. Let the Senior Superintendent of Police, Patna file his/her report by way of counter affidavit answering each and every point incorporated in paragraph nos. 9 and 10 of this order. 13. The Office of the SSP, Patna simply have to seek report from each Police Station and compile it to be presented before this Court. This will also give the Officer an insight view of which Police Station is completely oblivious of the crimes committed within his/her jurisdiction. 14. Let the matter come up on 19.09.2025 under Patna High Court CR. MISC. No.26725 of 2025(3) dt.20-08-2025 6/6 the heading ‘To be Mentioned’ to peruse the reply/counter- affidavit of the S.S.P., Patna. Mr. Jitendra Kumar Singh, learned APP shall be filing reply on his behalf. The name of Mr. Jitendra Kumar Singh, learned APP be published in the cause-list. adnan/- (Rajiv Roy, J) U T