Mustufa Hussain v. The State Of Bihar Through The Home Department, Government Of Bihar, Old Secretariat, Patna - 8000

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2148 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Mustufa Hussain S/o Late Syed Manjar Hussain, R/o Flat No.102, Shakti Sadan Apartment , Ashiana Digha Road, Raja Bajar, P.S.- Shastri Nagar, District- Patna.

... ... Petitioner

Versus

1.

The State Of Bihar Through The Home Department, Government Of Bihar, Old Secretariat, Patna - 8000 2.

The Principal Secretary, Home Department , Government of Bihar, Old Secretariat, Patna-800001.

3.

The Director General of Police, Old Secretariat, Patna -800001. 4.

The Senior Superintendent of Police, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Ms. Archana Shahi, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and Mr. Suman Kumar Jha, learned AC to AAG-3 for the State. Petitioner in the present case is seeking a direction to the respondent authorities to provide him police protection as according to him, the life of the petitioner is in danger. Learned counsel for the petitioner submits that even as this writ application was filed on or about 05.09.2018, the fact remains that over the period the danger has only increased. In support of her contention, the learned counsel has drawn the attention of this Court towards the report of the Deputy Superintendent of Police (Law and Order) addressed to the Senior Superintendent of Police, Patna contained in Memo No. 6324 dated 25.12.2017.

Patna High Court CR. WJC No.2148 of 2018(2) dt.19-12-2022 2/2 Learned counsel submits that because the petitioner has been instrumental in getting arrested some of the mafias involved in illegal trade of liquor and spurious drugs and medicines, they are after his life.

Learned counsel for the State submits that in such circumstance, appropriate decision may only be taken by the District Level Security Committee.

Having regard to the facts and circumstances of the case, this Court directs the Senior Superintendent of Police, Patna to look into Annexure '3' to the writ application which is the letter of the Dy.S.P. (Law and Order), get the threat perception of the petitioner examined at his end and in case, it is found to be genuine, appropriate and immediate step be taken to send the case of the petitioner for consideration to the District Level Security Committee. If any such recommendation is sent to the District Level Security Committee, the same will be considered expeditiously and all endeavours be made to consider the same and take a decision thereon within a period of two months from the date of receipt of the recommendation.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U