Gaurav Kumar @ Gaurav Rai v. The State Of Bihar Through Its Principal Secretary, Home Department Govt. Of Bihar At Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.851 of 2023 Arising Out of PS. Case No.-102 Year-2019 Thana- PARBATTA District- Bhagalpur ====================================================== Gaurav Kumar @ Gaurav Rai Son Of Raj Kishore Rai Resident Of VillageTulsipur, Post- Kharik, PS - Kharik, Distt- Bhagalpur, Bihar ... ... Petitioner

Versus

1.

The State of Bihar through its Principal Secretary, Home Department Govt. Of Bihar At Patna Bihar 2.

The Director General Of Police, Government Of Bihar At Patna Bihar 3.

The Inspector General Of Police, Government Of Bihar At Bhagalpur Bihar 4.

The Dy. Inspector Genral Of Police , Government Of Bihar At Bhagalpur Bihar 5.

The District Magistrate, Government Of Bihar At Bhagalpur Bihar 6.

Te Senior Superintendent Of Police, Government Of Bihar At Bhagalpur Bihar 7.

The Superintendent Of Police, Government Of Bihat At Bhagalpur Bihar 8.

The Dy. Superintendent Of Police, Govenrment Of Bihar At Bhagalpur Bihar 9.

The Stationd House Officer, Kharik, Ps At Bhagalpur Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad, Sr. Advocate Mr. Rajni Kant Singh, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, A.C. to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-07-2025 Heard learned Senior Counsel for the petitioner and learned counsel for the State.

2.

This criminal writ application has been filed for a direction upon the respondents to restore the protection / security provided to the petitioner.

3.

It has been submitted by learned Senior

Patna High Court CR. WJC No.851 of 2023(3) dt.07-07-2025 2/3 Counsel for the petitioner that one Murli Rai, who is one of the accused of a murder case viz. Parbatta P.S. Case No.102 of 2019 has absconded at the stage of recording of statement under section 313 of the Cr.P.C and therefore, the trial is not proceeding. It has also been submitted that earlier the petitioner was provided two security guards as he is the informant and eye witness in Parbatta P.S. Case No.102 of 2019 but out of two security guards one has been withdrawn by the district administration.

4.

The Senior Superintendent of Police, Bhagalpur is directed to take all steps for arresting the absconding accused namely, Murli Rai in connection with Parbatta P.S. Case No.102 of 2019.

5.

Considering the fact that the petitioner is the informant and eye witness in a murder case, the Senior Superintendent of Police, Bhagalpur is directed to restore the earlier protection given to the petitioner. The protection shall continue till the disposal of the trial. The security guards should not be recalled till the sessions trial is concluded. 6.

The S.H.O. of Kharik Police Station, Bhagalpur is directed to provide security to the petitioner as he resides in the jurisdiction of Kharik Police Station.

Patna High Court CR. WJC No.851 of 2023(3) dt.07-07-2025 3/3 7.

With the aforesaid observations and directions, this criminal writ application is disposed of. 8.

Let a copy of this order be communicated to the Senior Superintendent of Police, Bhagalpur forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) pawan/- U T