IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.897 of 2007 SHIV MANDAL SAHANI Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr.Ajay Kumar Thakur, Advocate For the Union of India: Mr.Shailendra Kumar Singh For the State : 2 21.10.2008 Heard counsel for the petitioner and the State. The facts disclosed in this writ petition unfurled a very sorry state of affairs. It appears that very casual and callous approach is being observed while enforcing safety measures in the jail premises as well while carrying prisoners for being produced in court. It is an admitted position that the petitioner’s son Chotelal Sahani was shot dead as soon as he came out of the prison van in the court premises. As per the F.I.R. lodged by one Kedar Nath Singh, Havildar who was a member of the escort party, one Raju Singh Rathore who was also in the same van shot him dead as soon as both of them get down from the Van itself in the court premises. On the basis of the statement of aforesaid Havildar, Motihari P.S.Case No.126 of 2007 dated 9.5.2007 under section 302 of the Penal Code and section 27 of the Arms Act was instituted against Raju Singh Rathore and others. Learned counsel for the petitioner submits that the instant F.I.R. has been lodged in order to cover up the larger conspiracy pursuant to which his son was killed. He further submits that the petitioner’s son has been implicated in large number of cases and he apprehends that some big wigs in connivance with the district - 2 - administration caused the murder of his son. In support of his contention he says that it would be a matter serious concern as to how Raju Singh Rathore who was also escorted along with the petitioner’s son from the jail premises was in possession of a pistol. He submits that as per Jail Manual all the prisoners are to be duly frisked while being escorted to the court. He submits that it is common knowledge that no weapon much less arms can be carried inside the jail premises. All these circumstances cause reasonable suspicion that his son has been killed pursuant to a larger conspiracy to eliminate him. The authorities are duty bound to see that no weapon much less arms are carried in jail premises. Learned counsel for the State has filed counter affidavit stating that Havildar Kedar Nath Singh has lodged a F.I.R. alleging that co-prisoner Raju Singh Rathore shot the deceased dead as soon they came out of the prison van in the court premises. He submits that the accused Raju Singh Rathore has confessed his guilt which is recorded in paragraph 40 of the case diary. He submits that the fire arm has been seized and the constables of the escorting party are suspended and a disciplinary proceeding has also been initiated against them. One of the issues which is baffling is as to how accused Raju Singh Rathore got hold of a pistol. It could be inferred from the affidavit of the State that Raju Singh Rathore was already possessed of a pistol while he was being escorted from the jail premises to the court along with deceased in the prison Van. - 3 - KHAN It would be found from the State’s affidavit itself that there have been lapses on the part of the jail administration in adhering to the Rules prescribed in the Jail Manual for ensuring security and safety measures. Such lapses and dereliction of duty has resulted into death of a person in State custody itself. In case there would have been regular checking as prescribed in the jail manual, the accused Raju Singh Rathore would not have came into possession of the fire arms. The I.G. (Prison) would take necessary steps and issue necessary direction for ensuring safety and security measures so that such occurrence may not occur in future. It appears that charge sheet has been submitted against accused Raju Singh Rathore and investigation is continuing as conspiracy angle is being examined. Counsel for the petitioner states that in the facts and circumstances of the case the conspiracy angle needs to be thoroughly examined as the incident is a very unusual one. In the aforesaid circumstances this court observes that final form would be submitted after the same is vetted by the D.I.G.,Champaran Range at Bettiah. With the aforesaid observation, this writ petition stands disposed of. Let a copy of this order be communicated to the I.G.(Prison) as well as I.G., Muzaffarpur Zone, Muzaffarpur. (S.P.Singh,J) - 4 -