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Judgment
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The present writ petition has been filed for issuance of show cause to the respondents as to under what authority, they confined the petitioner and kept
him as such for several days after he was released from the judicial custody in terms with the release order dated 06.12.2019 issued by a competent
Court of law. Further prayer has been made for getting the matter inquired by any superior authority regarding the illegal act of concerned police
officials of Ramgarh Police force whereby the freedom of a citizen was put to jeopardy.
Mr. Jai Prakash, learned Sr. counsel for the petitioner, submits that the petitioner was arrested in connection with Patratu P.S. Case No. 142/2018
(G.R. No. 603/2018) registered under Sections 25(1)(b)(a)/26/27/30/35 of the Arms Act and was sent to judicial custody on 14.05.2018. Thereafter,
the petitioner moved the learned Sessions Judge, Ramgarh for grant of regular bail in the said case, which was allowed vide order dated 05.12.2019
passed in B.P. No. 550/2019. Accordingly, the petitioner furnished the bail-bonds and on acceptance of the same, he was ordered to be released by
the concerned Court on 06.12.2019. After receipt of the release order of the concerned Court by the Ramgarh Jail authorities, the petitioner came out
of the Ramgarh Jail at 7 P.M on 06.12.2019 and at that time, Shri Brajesh Singh ('Bahnoi' of the petitioner) and Smt. Geetanjali Devi ('Bhabhi' of the
petitioner) were present at the jail gate to receive the petitioner. When the petitioner came out of the said jail, three police personnel of Gola Police
Station arrived there. One of them entered the jail compound from the first gate while two others were sitting in a silver colour 'Bolero' vehicle parked
on the road. The police personnel who entered inside the jail compound, caught hold of the petitioner and on being resisted, two other police personnel
also came out of the 'Bolero' vehicle and all of them forcibly took the petitioner to Gola Police Station. Thereafter, the petitioner was not allowed to
meet his 'Bahnoi' and 'Bhabhi', who were present there to receive him.
It is also submitted that the petitioner was illegally confined by the said police personnel in Gola Police station from 9 P.M of 06.12.2019. Thereafter,
the petitioner's 'Bahnoi' and 'Bhabhi' again came to Gola Police station on 09.12.2019, but they were not allowed to meet the petitioner and he was
also not released from illegal confinement. On 12.12.2019, the respondent Nos. 2 & 3 came to Gola Police station and met the petitioner. On
13.12.2019, the 'Bahnoi' and 'Bhabhi' of the petitioner as well as Shri Anil Singh (the brother of the petitioner) again visited Gola Police station and on
that date, the petitioner was released from illegal confinement. The police personnel who were present there, got a paper singed by 'Bahnoi', 'Bhabhi'
and the brother of the petitioner to the effect that he was handed over to them safely.
Under the aforesaid factual context, learned Sr. counsel for the petitioner submits that the petitioner was put to illegal confinement by the police
personnel of Gola Police Station from 9 P.M of 06.12.2019 till he was handed over to his 'Bahnoi', 'Bhabhi' and the brother on 13.12.2019. It is also
submitted that lodging of any criminal case was not possible as the said police personnel were posted in the same police station where the said
occurrence took place. Under the said compelling circumstance, the petitioner has filed the present writ petition.
Ms. Supriya Minz, learned A.C to G.A-V appearing on behalf of the respondents, submits that the allegation made by the petitioner in the present writ
petition is completely factual which cannot be adjudicated under writ jurisdiction of this Court. However, the petitioner's allegation made in the writ
petition will be properly inquired by a senior authority of the State Government.
Having heard learned counsel for the parties and keeping in view the nature of the allegation made by the petitioner in the present writ petition, without
expressing any opinion on the same, the respondent No.5 is directed to conduct proper enquiry in the matter to find out the veracity of the allegation
made by the petitioner against the police officials in the present writ petition and to take further steps based upon the outcome of the said enquiry
which must be completed within three months from the date of receipt/production of a copy of this order.
The present writ petition is disposed of with aforesaid observations and directions.