No Concrete Efforts In Apprehending Absconding Accused: Patna High Court Summons Two Former SSPs

The Patna High Court recently has summoned two former Senior Superintendents of Police, Patna, to explain the absconding of the petitioner accused after being granted provisional bail to participate in the last rites of his father.  Justice Satyavrat Verma has summoned former Senior Superintendent of Police Garima Malik and Shri Upendra Sharma to explain the laxity.

The SSP Patna submitted that during the tenure of SSP Garima Mallik, who is presently the DIG, CID, the petitioner went missing. The Court observed,

"He (the petitioner-accused) absconded during the tenure of Smt. Garima Malik and after her Shri Upendra Sharma joined, and it appears that both the officers did not make any concrete effort to apprehend the petitioner by constituting a team for tracking him, when the present S.S.P., Patna, as submitted tracked the petitioner easily through technical surveillance."

The High Court appreciated the efforts of the new SSP Manvajit Singh Dhillon, who recently joined and efficiently tracked the petitioner-accused, who was in custody under an assumed name of Gopal Choudhary in another case.

However, it has reprimanded the affidavits submitted by Additional Public Prosecutor Anand Mohan Prasad, noting that it is completely silent concerning the steps taken to apprehend the accused. The Court noted,

"This further gives an impression to the Court that prior to joining of the present S.S.P., Patna, no efforts were made to apprehend the accused petitioner or else, the effort made by Patna Police in arresting the accused would have been part of the affidavit filed by the authorities virtually present in Court."

The High Court was hearing a bail petition, where the accused-petitioner was granted bail in July 2018 for participating in the last rites of his father. The Court had also directed the SHO to depute a constable to keep a close watch on the petitioner while he was out on provisional bail. However, at the end of the provisional bail time, when the petitioner accused did not surrender, the SHO was show-caused to explain the steps being taken to apprehend the accused-petitioner.

However, the Court was not satisfied with the reply, and the SHO was directed to appear before the Court. However, on the non-appearance of the SHO on the last date of hearing, the Court showed agony and noted,

"The case portrays a very sorry state of affairs and at the same time gives an impression to the Court that the Patna Police either gives scant regards to the orders of this Court or has no regards for the orders or are thoroughly incompetent in investigating, cracking and arresting accused, who once were under their custody."

The Court expressed its 'strongest displeasure' and noted that the Police authorities of Patna had made a mockery of the proceedings. He had questioned the competence of Patna Police and observed,

"An accused who was apprehended/arrested gets provisional bail and then with impunity breaches the condition of provisional bail and at his will decides not to surrender, and the authorities feel helpless in arresting the petitioner; this depicts a sorry state of affairs and seriously questions the capability of Patna Police."

The matter will be taken up for hearing on February 02, 2022.

Case Title: Prem Sahani v. State of Bihar

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