Saurav Kumar 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.2265 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== 1.
Saurav Kumar Son of Ramashish Chaurasiya Resident of Village- Sanjat, P.S.- Bhagwanpur, Distt.- Begusarai 2.
Ramashish Chaurasiya Son of Late Ramnarayan Chaurasiya Resident of Village- Sanjat, P.S.- Bhagwanpur, Distt.- Begusarai ... ... 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, Patna, Bihar Bihar 4.
The Superintendent of Police, Begusarai, Bihar Bihar 5.
The Station House Officer (SHO), P.S.- Bhagwanpur, Distt.- Begusarai Bihar 6.
The Investigation Officer (IO) in the present cases at P.S.- Bagwanpur, Distt.- Begusarai, Bihar Bihar 7.
Ankit Kumar @ Don Son of Vakil Chaurasiya Resident of Village- Sanjat, P.S.- Bhagwanpur, Distt.- Begusarai 8.
Gautam Chaurasiya Son of Madan Chaurasiya Resident of Village- Sanjat, P.S.- Bhagwanpur, Distt.- Begusarai, Bihar 9.
Vikas Kumar @ Lalaji Son of Ramvaran Chaurasiya Resident of VillageSanjat, P.S.- Bhagwanpur, Distt.- Begusarai, Bihar 10.
Himanshu Kumar Son of Dinesh Chaurasiya Resident of Village- akaha, P.S.- Bhagwanpur, Distt.- Begusarai, Bihar 11.
Priyanshu Kumar Son of Dinesh Chaurasiya Resident of Village- Akaha, P.S.- Bhagwanpur, Distt.- Begusarai, Bihar 12.
Mukul Kumar Resident of Village/Mohalla- Dalsinghsarai, P.S.- Dalsinghsarai, Distt.- Samastipur, Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar, Advocate For the State :
Mr. Manoj Kumar Ambastha, SC-26 Mr. Santosh Kumar Mishra, Advocate Mr. Divit Vinod, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2025 Heard the parties.
Patna High Court CR. WJC No.2265 of 2024(2) dt.01-05-2025 2/3
2. The petitioners have moved the Court for the following reliefs:
"(i) For issuance of order(s) / direction(s) or writ(s) in the nature of Mandamus directing the Respondent Authorities to do proper & adequate full-fledged investigation in Bhagwanpur P.S. Case No. 01 of 2024 dated 03.01.2024 registered u/s 341, 323, 504, 506, 379,387 & 34 of the I.P.C., whereby and where under Begusarai (Bhagwanpur P.S.) acting in collision and under influence with Respondents 2nd Set, are not conducting a fair investigation in the case in order to provide illegal advantages to them.
And/or (ii) For issuance of further order(s) / direction(s) or writ(s) in the nature of Mandamus directing the concerned Respondent Authorities to provide security to the Petitioners and their other family members from Respondents 2nd Set who along with some other unsocial elements on several occasions have made life threatening attempts upon the Petitioners and their other family members for which distinct F.I.R.s being Bhagwanpur P.S. Case No. 126 of 2024 dated 14.05.2024 u/s 147, 148, 447, 341, 323, 307, 354, 379, 504 & 506 of the I.P.C. and Bhagwanpur P.S. Case No. 242 of 2024 dated 20.08.2024 u/s u/s 192(2), 126(2), 127(2), 115(2), 352 & 353(3) of the B.N.S. has also been registered/lodged, but still the security of life & property of the Petitioners and their other family members are at high risk.
And/or (iii) For issuance of further order(s) / direction(s) or writ(s) in the nature of Prohibition for the protection the Petitioners and their other family members from the harassment by Begusarai (Bhagwanpur P.S.) Police who in the influence of Respondents 2nd Set.
Patna High Court CR. WJC No.2265 of 2024(2) dt.01-05-2025 3/3 Petitioners for lodging the F.I.R. and arresting the accused persons, where the Petitioners approached to the Vigilance Department, Patna and the then I.O. namely Vineet Kumar Jha of Bhagwanpur P.S. Case No. 126 of 2024 dated 14.05.2024 was caught red handed by the vigilance team where he asked a bribe of Rs.
15,000/- from the Petitioners for arresting the accused persons, failing which the Petitioners and their family members were asked to be ready to face dire consequences."
3. For the grievances of the petitioners, the police has registered FIR and has charge-sheeted the criminals.
4. So far as the grievance of the petitioners is for providing security, the petitioners will file an appropriate application before the Security Committee. If the Security Committee finds any merit with regard to the same, it shall be disposed of in accordance with law.
5. The application stands disposed of.
(Sandeep Kumar, J) P. Kumar U T