IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.369 of 2009 RAM YASH SHARMA son of Late Kameshwar Singh of Sohsa, PS Mehandia, District –Arwal ….Petitioner Versus 1. STATE OF BIHAR 2. Director General of Police, Bihar, Patna 3. Deputy Inspector General of Police, Bihar, Patna 4. Senior Superintendent of Police, patna 5. The Officer-in-charge, Shastrinagar Police Station, Patna ……Respondents ----------- 5 28.7.2009 Heard Mr. Yogesh Chandra Verma for the petitioner, and Mr. Ahsanuddin Amanullah, learned Standing Counsel no.17. The petitioner seeks a direction to enquire into the circumstances in which his son, Alok Sharma, died in police custody. The respondents have placed on record their counter affidavit. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioner had earlier moved this Court by preferring Cr.WJC No.130 of 2008 (Ram Yash Sharma vs. State of Bihar & Ors.), alleging that his son, Alok Sharma, had been killed while in police custody, and yet made prayer that a writ of Habeas Corpus may be issued for his production. The two-fold prayers were mutually contradictory. The writ petition was however disposed of by order, dated 22.4.2008 (Annexure-19), whereby the Deputy Inspector General of Police was directed to conduct an enquiry into the allegation. The respondents have stated in their counter affidavit that Deputy Inspector General of Police, Central Range, Patna, has enquired into the matter and has submitted his report dated 7.7.2009 (annexure-A), the concluding portion of which - 2 - is set out hereinbelow for the facility of quick reference:- SN Case No./ dated Section Details Status 1 Patrakar nagar PS case no.776 of 2005 dt.26.9.05 324/302/34 IPC and Sec.27 of the Arms Act Murder of Ravi Ranjan and Engineer Sanjeev Kumar of Reliance Company at 14.40 hrs. near Rajeshwar Nursing Home,Main Bypass Road. Charge sheeted absconding 2 Shastrinagar PS Case no.709/05 dt. 13..9.05 324/307/34 IPC and 27 of the Arms Act Attempt to murder of Ajit Kumar at 12.45 hr. near CPWD office Road Investigation 3. Shastrinagar PS Case no.221/06 dated 01.03.06 302/307/323/34 IPC and 27 of the Arms Act Murder of Building contractor Bimlesh Pd.Singh at 18.30 hr. near CPWD Office. Absconding 4 Shastrinagar PS Case no.671/06 dt. 29.07.06 302/34 IPC and 27 Arms Act Murder of Satish Kumar student of Patna University at 8.45 hr. near Raja Bazar, Bailey Road Investigation 5 Shastrinagar PS case no. 965/06 dated 30.10.06 302 IPC and 27 Arms Act Murder of the learned of the contractors Mohan Sharma at 13.00 hrs, near CPWD office Chargesheeted absconding 6 Begusarai (Town) PS Case no.191/06 dt. 28.06.06 326/307/34 IPC and 27 Arms Act Attempt to murder sof former congress president & contractor Abhay Kumar Singh @ Sarjan Singh Investigation 7 Kadamkuan PS case no.795/05 dt.05.10.05 25(IB) A/26/35 Arms Act 20/22 NDPS Act and 414/34 IPC Recovery of 04 fire Arms, Narcotics, Mobile Phone and Motorcycle Investigation It thus appears to us that five persons were arrested in Bhadrak (Orissa), the aforesaid seven cases are pending against Alok Sharma and he is, according to the police records, still absconding. This has to be seen in the background of the conclusion that Guddu Sharma, the leader of the dreaded gang of which Alok Sharma was a member, died in an encounter with Delhi Police. It thus appears to us that the police enquiry has revealed that Alok Sharma, son of the petitioner, was never apprehended by the Bihar Police, and he is currently absconding. In that view of the matter, we do not wish to proceed further in the matter. However, the Director General of - 3 - Police, Bihar, is hereby directed to take vigorous steps for arrest of Alok Sharma. 3. This writ petition is accordingly disposed of. ( S K Katriar ) ( Jyoti Saran ) mrl