Patna High Court - Orders
Bambam Acharya @ Bikas Kumar Anand vs The State Of Bihar on 11 February, 2022
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34822 of 2020
Arising Out of PS. Case No.-57 Year-2020 Thana- KATIHAR MUFFASIL District- Katihar
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Bambam Acharya @ Bikas Kumar Anand son of late Rajendra Prasad
Acharya resident of Mohalla- Tezatola, P.S.- Sahayak, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 253 of 2021
Arising Out of PS. Case No.-57 Year-2020 Thana- KATIHAR MUFFASIL District- Katihar
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Lalan Kumar Singh @ Pintu Singh S/o Jay Prakash Singh R/o Mohalla-
Indrapuri, P.S.- Sahayak, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
(In CRIMINAL MISCELLANEOUS No. 34822 of 2020)
For the Petitioner : Mr. Vinay Ranjan, Advocate
For the Opposite Party : Mr. Ajay , GA No. 5
Mr. Jharkhandi Upadhyay, APP
Mr. Santosh Kumar, Amicus Curiae
(In CRIMINAL MISCELLANEOUS No. 253 of 2021)
For the Petitioner : Mr. Vinay Ranjan, Advocate
For the Opposite Party : Mr. Ajay , GA No. 5
Mr. Md. Matloob Rab, APP
Mr. Santosh Kumar, Amicus Curiae
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
12 11-02-2022The matter is being heard through video conferencing due to circumstances prevailing on account of Covid-19 pandemic.
Seen the enquiry report submitted by the Joint Registrar (List) dated 02.02.2022.
Patna High Court CR. MISC. No.34822 of 2020(12) dt.11-02-2022 2/5 The explanation submitted by the concerned Dealing Assistant of the Criminal Section is accepted.
Heard Mr. Ajay, learned Government Advocate No.5 assisted by Mr. Jharkhandi Upadhyay, learned APP for the State and Dr. Kamal Kishore Singh, Additional Director General of Police, State Crime Record Bureau & Modernization, Bihar Patna.
Earlier this Court had passed the order dated 28.10.2021 which is partly quoted hereinbelow:-
" xxx xxx xxx People in the Seemanchal area are running Goonda banks and they advance loan at a very high interest rate and they extort from gullible persons, who have taken loan for various reasons. In my opinion, investigation of this case should be supervised by Dr. Kamal Kishore Singh, Additional Director General of Police, Bihar. Hence, Dr. Kamal Kishore Singh, Additional Director General of Police is directed to take over supervision of this case forthwith and he shall be free to constitute his own team. The Police officers of Bihar will extend all cooperation in the investigation and supervision of this case by the SIT.
Apart from looking into the role of the named accused persons of this case, the SIT will also look into the role of other brothers and family members of the deceased as it has come during investigation that the deceased had to leave his house because his share in the sale proceeds of Rs.80,00,000/- from the sale of land was not shared with the deceased.
At the moment, this Court is not giving any direction for arrest of these petitioners as the matter shall be investigated by the SIT as per the direction of this Court and thereafter, it is the SIT Patna High Court CR. MISC. No.34822 of 2020(12) dt.11-02-2022 3/5 which will take decision with regard to arrest of the accused persons.
A preliminary report of the SIT should be submitted to this Court on 01.12.2021 by the Additional Director General of Police, Bihar himself.
A copy of this order be sent to the Director General of Police, Bihar, as well as Superintendent of Police, Katihar through FAX." Pursuant to the order dated 28.10.2021, the S.I.T started its work and has submitted its report on 04.02.2022 in sealed cover. The S.I.T. has investigated the case in detail and the Court is satisfied with the investigation done by S.I.T and the report is accepted. All the accused persons have been arrested whose role has come during investigation done by S.I.T and charge sheet has been submitted against them.
Considering the aforesaid, this Court directs that for speedy trial of Muffasil P.S. Case No.57 of 2020, the Superintendent of Police, Katihar will make sure that all the witnesses are produced in court regularly on the dates fixed.
The District & Sessions Judge, Katihar is directed to transfer this case to an Additional Sessions Judge, Katihar or keep this case on his own file after commitment. The Court will continue with the trial without giving unnecessary indulgence and shall not adjourn the trial on any flimsy ground including non-availability of the lawyers for the accused. Patna High Court CR. MISC. No.34822 of 2020(12) dt.11-02-2022 4/5 In this case, the source of money which was given on loan by the accused persons privately at high rate of interest should also be examined by the Income Tax Department. The Director General of Income Tax (Investigation), Bihar, Patna shall look into the matter, enquire into the same and take all steps in accordance with law against the accused persons. The Enforcement Directorate will also examine the matter - whether the case of money laundering was being made out against the accused persons and in case the Enforcement Directorate comes to a finding that this is a fit case in which the Enforcement Directorate should interfere then it would also start the proceeding against accused persons under various provisions of the Prevention of Money Laundering Act. The Joint Director, Enforcement Directorate, Bihar is directed to look into the matter and act accordingly,.
The issue of Goonda banks operating in Seemanchal area has to be taken seriously and transaction of land cannot be ignored. For this, S.I.T. is directed to make further enquiry in the bordering district of Bihar and in case materials surface that a big racket of private loan being advanced at high rate of interest and thereafter resulted into non-refund of loan amount and in lieu thereof, people have to sell their land and house then Patna High Court CR. MISC. No.34822 of 2020(12) dt.11-02-2022 5/5 action should be taken in accordance with law including registration of FIR and action under the Income Tax Act as well as Prevention of Money Laundering Act.
Dr. Kamal Kishore Singh , sole member of the S.I.T. will have full liberty to take all steps pursuant to the aforesaid direction for investigation and will be given full cooperation by the police officials of the State, Income Tax officials posted in the State and the regional office of the Enforcement Directorate. If S.I.T. comes across some more cases of such activities and illegal act of some Goonda banks which resulted into suicide/killing of the borrower then appropriate action will be taken against the accused persons.
This Court appreciates the steps taken by Dr. Kamal Kishore Singh, Additional Director General of Police, State Crime Record Bureau & Modernization, Bihar Patna in investigating the case.
Put up both these cases on 13 th of April, 2022 for further hearing awaiting report of S.I.T. (Sandeep Kumar, J) BT/-
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