Bihar Police is once again in the news for its antics. This time it is alleged that the police sent two people to jail on the charge of bike theft who had not stolen the bike. A new act of Sadar police has come to light. Two students who had come to the city by borrowing a friend’s bike were arrested and sent to jail on the charge of bike theft. Both the youths, Abhishek Kumar, resident of Harnahi of Baruraj police station and Prince Kumar, resident of Madapur of Turki police station, remained in jail for a month. Then the IO of Sadar police, after investigating the case, wrote in the case diary that the seized bike belonged to Pankaj Kumar, a friend of the two youths who were sent to jail. Pankaj has admitted that his bike was not stolen, rather he had given it to his friends Abhishek and Prince to ride.
In this way, Abhishek and Prince, who had come to the city on their friend’s bike, were kept in jail for a month by the police on the charge of stealing the same bike. After looking at all the facts, the court has ordered to release both the students from jail on bail. Mukesh Kumar, the lawyer of both the students, has questioned the police in the court and said that the police of Sadar police station had demanded money from Abhishek and Prince after arresting them.
When both of them did not pay the illegal money, they were sent to jail and when the police demand was met, the truth was written in the case diary and presented in the court. The lawyer told the court that it has been made clear in the new law (Indian Judicial Code) that a person should be sent to jail only after thorough investigation, but the police of Sadar police station, ignoring all the provisions of the new law, sent him to jail on the charge of theft of a bike which was not even stolen.
what case did the inspector make
Inspector Rajendra Kumar Sharma of Sadar police station had filed the case. He has written in the case, ‘He was on patrol. At 3 am in the morning, he saw near Fardo bridge in Khabra road that two bikes were parked and five youths were present there. Seeing the police coming, three youths fled on a bike. While Abhishek and Prince, who were arrested, were also trying to start their bike and run away. When both of them were caught and questioned, it was found that all the youths were associated with a bike theft gang and these people had gathered at Fardo bridge at 3 am in the morning to deal in stolen bikes. Abhishek and Prince did not show any documents of the bike found with them, due to which it appears that the seized bike is stolen.’
The case registered on the basis of this statement of Sub Inspector Rajendra Kumar Sharma was investigated by Sub Inspector Prakash Paswan of Sadar police station. In paragraphs 25, 33, 34 and 39 of the case diary, the IO has clarified from the statements of the bike owner Pankaj Kumar and other witnesses that the bike confiscated by Sub Inspector Rajendra Kumar Sharma is not stolen. Rather, Pankaj has given it to his friend to ride.
what is the provision
If someone is arrested on any allegation, then before the arrest the senior officer will be completely sure that the allegations are true. An accused will be sent to jail only after the allegations are found to be true in the investigation. Before sending someone to jail, officers up to the level of DSP and Inspector will look into all the facts and then give the order to send the accused to jail. If the allegation is doubtful then the accused has to be released from the police station itself by giving him notice under section 41. But, before sending Abhishek and Prince to jail, no need was felt for any kind of investigation. The owner of the bike which was reported to be stolen was not even contacted.
Under the Transport Act, if someone does not present the valid documents of his vehicle at the time of inspection, he will be fined. The vehicle owner will have to appear for inspection and deposit the fine amount along with presenting all the valid documents. The police of Sadar police station did not follow this rule of transport either. A case has been filed against Abhishek and Prince and they have been sent to jail.
What did the SP say…
On this, City SP Awadhesh Dixit said that the entire case will be reviewed. Under what circumstances have the two youths been sent to jail on charges of bike theft and what facts have come out in the investigation? On the basis of the review, further action will be taken by seeking answers from the concerned people in the case.
