Rakesh Kumar @ Rakesh Singh v. The State Of Bihar Through Chief Secretary, Government Of Bihar, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.193 of 2019 Arising Out of PS. Case No.- Year- Thana- District- ====================================================== Rakesh Kumar @ Rakesh Singh, son of late Tripurari Singh resident of Mohalla-11(CHH), Lakhibagh, P.S-Muffasil, District-Gaya, presently residing at 14, Ganesh Path, Boring Road, P.S-Shastri Nagar, District-Patna. ... ... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Home Secretary, Government of Bihar, Patna

3. The Director General of Police, Bihar, Patna

4. The District Magistrate, Patna

5. The Senior Superintendent of Police, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Respondent/s :

Mr. M. Nasrul Huda Khan, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 31-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks a direction from the Court to the respondent authorities to provide security to him, as he apprehends threat at the hands of extremist organizations.

3. Learned counsel for the petitioner submitted that earlier security was granted to the petitioner, but the same has already been withdrawn. The petitioner has made representation before the Central Government, Ministry of Home Affairs regarding threat perception pursuant to which the Central Government had requested the State Government to consider the case of the petitioner and provide security to him, but till date

Patna High Court Cr. WJC No.193 of 2019 dt.31-01-2019 2/2 no action has been taken by the State.

4. Per contra, learned counsel appearing for the State submitted that from the pleading of the petitioner itself, it would appear that the petitioner himself is involved in several criminal cases.

5. Be that as it may, it is not possible for the Court to assess threat perception on any person. In case, the petitioner apprehends threat to his live, he may file representation before the District Level Security Committee in terms of the resolution of the State Government, vide Memo No. 2/M2-307/99 Home (Police) 16434/Patna, dated 30th December, 1999. In case, any representation is filed within two weeks from today before the District Level Security Committee, the Committee shall consider and dispose of the same by a reasoned order expeditiously and preferably within two months.

6. With the aforesaid observation and direction, the writ petition is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/R.RanjanAFR/NAFR NAFR CAV DATE NA Uploading Date 02.02.2019 Transmission Date 02.02.2019