Anil Kumar Chaudhary v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1927 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Muzaffarpur ====================================================== Anil Kumar Chaudhary S/O Late Premchand Chaudhary @ Premchand Mahato R/O Village- Muradpur Dullah, Panchayat- Sahbazpur, P.S.- Ahiyapur, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. Bihar 2.

The Principal Secretary, Home Department, Government of Bihar, Patna. Bihar 3.

The Director General of Police, Bihar, Patna. Bihar 4.

District Magistrate, Muzaffarpur. Bihar 5.

Senior Superintendent of Police, Muzaffarpur. Bihar 6.

Dy. S.P.(East), Muzaffarpur. Bihar 7.

The Officer-in-Charge, Ahiyapur Police Station, Muzaffarpur. Bihar 8.

Banarasi Chaudhary S/O Late Chhitan Mahato R/O Village- Muradpur Dullah, P.S- Ahiyapur, Distt.- Muzaffarpur.

9.

Pawan Kumar S/O Late Ram Bahadur Rai R/O Village- Paigambarpur, P.SSiwaipatti, Distt.- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Respondent/s :

Mr.S.C.13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2025 Heard the parties.

2. By way of this writ application, the petitioner has prayed for the following reliefs:- I. For issuance a writ, order or direction, commanding the concerned police authorities, including the respondent no.5 & 7 i.e.

Superintendent of Police, Officer-in-Charge Ahiyapur Police station, to take immediate and

Patna High Court CR. WJC No.1927 of 2025(2) dt.07-08-2025 2/3 effective steps to provide necessary protection to the petitioner and his family members, and to prevent any coercive or unlawful acts by the private respondents with respect to the petitioner peaceful possession and enjoyment of his immovable property with respect to land bearing Khata No. 118, Khesra No. 803, measuring 07 decimals, situated at Mauza Shahwazpur Salem, Halka Shahwazpur, Thana-Ahiyapur, Thana No. 663, Anchal Mushahari,, District Muzaffarpur over which the petitioner has absolute right, title by virtue of judgment dated 24.01.1996 passed in Title Suit No.68/94 and the defendants were restrained from going over the suit land.

II. For issuance of an appropriate writ, order or direction, more particularly in the nature of mandamus, directing the respondent authorities, particularly Respondent No.3 (Director General of Police) and Respondent No.5 (Senior Superintendent of Police, Muzaffarpur, to ensure adequate safety and security of the life and the petitioner and his family members and property, in view of the constant and serious threats being extended by the private respondents.

III. For issuance of a writ in the nature of mandamus directing Respondents No.1 to 7 to ensure that Respondent No. 9 does not interfere with petitioner's peaceful possession over the suit property in any manner whatsoever.

IV. Issue a writ in the nature of

Patna High Court CR. WJC No.1927 of 2025(2) dt.07-08-2025 3/3 mandamus directing Respondent No. 7 to immediately register an FIR against Respondent No. 9 and his associates for the offences punishable under Sections 447, 427, 506, 504, 341 IPC and other relevant provisions of law.

3. The petitioner is directed to move to the Senior Superintendent of Police, Muzaffarpur for redressal of his grievances in view of the fact that the petitioner claims that he is successful in the title suit / title appeal and mere pendency of second appeal will not give any right to the respondent no. 8 and 9 to forcibly evict the petitioner.

4. If such a representation is filed before the Senior Superintendent of Police, Muzaffarpur then he will examine the same and he will ensure that respondent no. 8 and 9 should not evict the petitioner when already there are two judgments in favour of the petitioner.

(Sandeep Kumar, J) Vikas/- U