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Patna High CourtCR. WJC/1476/2022disposed

Jitendra Kumar Yadav v. The State Of Bihar Through The Additional Chief Secretary, Home Department, Govt. Of Bihar, Patna

2023-07-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1476 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== JITENDRA KUMAR YADAV S/O Sri Tileshwar Prasad Yadav R/O MohallaPostal Park, P.S- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Govt. of Bihar, Patna Bihar 2.

The Director General of Police, Bihar, Patna Bihar 3.

The Additional D.G.P (Special Branch), Intelligence and Security Division, Bihar Police, Patna Bihar 4.

The Special Security Committee, Bihar Police H.Q through its Chairman I.G of Police (Security) Intelligence and Security Division, Bihar Police, Patna 5.

The I.G of Police (Security), Intelligence and Security Division, Bihar Police, Patna Bihar 6.

The D.I.G of Police (Security), Intelligence and Security Division, Bihar Police, Patna Bihar 7.

The Senior Superintendent of Police, Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narain, Senior Advocate Mr.Bhola Kumar For the Respondent/s :

Mr. (Dr.) Mankeshwar Tiwari, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-07-2023

1. Heard learned Counsel for the parties concerned.

2. Pursuant to the order passed by this Court on 20.04.2022, in CWJC No. 1283 of 2021, the Special Security Committee, Bihar, has taken a decision on 19.07.2022 for providing security to the petitioner on payment basis for a period of three months, indicating therein that subsequent decision shall be taken after submission of report by the

Patna High Court CR. WJC No.1476 of 2022(3) dt.13-07-2023 2/3 Senior Superintendent of Police, Patna, and after considering the current specific individual threat assessment report.

3. Learned Senior Counsel for the petitioner submits that the security is being provided to the petitioner in peace-meal basis for certain period and thereafter the same is withdrawn by the respondent authorities; whereas, the petitioner has continuous threat perception. Referring to the order, dated 22.12.2022 passed by this Court in the present application, learned Senior Counsel submits that right now, the Security Guard has been provided to the petitioner and the same is continuing.

4. After having heard learned Counsel for the parties and taking into consideration the order, dated 19.07.2022, passed by the Special Security Committee, Bihar, the Committee is directed to call for a report from the Senior Superintendent of Police, Patna and the current specific individual threat assessment report from the competent authority and take a final decision in this regard within a period of three months from the date of receipt/production of a copy of this order.

5. It is made clear that the Security Guard, which has been

Patna High Court CR. WJC No.1476 of 2022(3) dt.13-07-2023 3/3 provided to the petitioner on payment basis and is continuing right now, shall not be withdrawn till a final decision is taken by the Special Security Committee, Bihar.

6. With the aforesaid observation and direction, this application is disposed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √