IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.624 OF 2009 RAM CHANDRA CHOUDHARY @ RAGHURAJ SAHNI, SON OF LATE RAMASHRAY SAHNI, RESIDENT OF VILLAGE JHAKHARA (BASWARIA) POLICE STATION JAGDISHPUR, DISTRICT WEST CHAMPARAN……………………….…….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE INSPECTOR GENERAL OF POLICE, MUZAFFARPUR RANGE, MUZAFFARPUR 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, CHAMPARAN RANGE, BETTIAH, DISTRICT WEST CHAMPARAN 5. THE SUPERINTENDENT OF POLICE, BETTIAH, DISTRICT WEST CHAMPARAN 6. THE DY.S.P. SADAR, BETTIAH, DISTRICT WEST CHAMPARAN 7. THE OFFICER-IN-CHARGE, NAUTAN POLICE STATION, DISTRICT WEST CHAMPARAN……………………….RESPONDENTS ----------- 2 06.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused in Nautan P.S. Case No.50 of 2009 registered under Sections 341, 307 read with Section 34 of the Indian Penal Code. The contention of the learned counsel for the petitioner is that due to deficiency of evidence, petitioner was released soon after institution of the first information report. It was submitted that during investigation and supervision made by the Dy. Superintendent of Police, sufficient materials were not found against the - 2 - petitioner. However, the victim filed an application before the Inspector General of Police, Muzaffarpur Range, Muzaffarpur on the basis of which orders have been issued for arrest of the petitioner. He submits that during further investigation, no fresh material surfaced so that a prime facie case against the petitioner could be established necessitating his arrest. It goes without saying that merely on a petition of the victim or informant before a higher authority of the police, an accused cannot be arrested, unless accusation in the petition is prima facie found true. If the police case is already instituted and investigation is in progress, materials collected during investigation can only be a ground to arrest an accused if they prima facie indicate his involvement. If the materials are absent during investigation, mere allegation by the victim or the informant before a higher authority may not be sufficient to order for arrest of an accused. The Deputy Inspector General of Police, Champaran Range, Bettiah is directed - 3 - to consider the matter of arrest of the petitioner from this angle and take appropriate steps. If materials have not come in investigation against the petitioner merely on the basis of said order of the I.G. Muzaffarpur, petitioner should not be arrested. With the aforesaid observations and directions, this writ application is disposed of. B.T (J. N. Singh, J.)