Akhilesh Kumar Choubey v. The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2076 of 2023 Arising Out of PS. Case No.-14 Year-2011 Thana- TEYAR District- Bhojpur ====================================================== Akhilesh Kumar Choubey Son Of Ashok Kumar Choubey Resident Of Village - Hetampur, P.S. - Tiar, District - Bhojpur ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna 2.

The Director General Of Police, Bihar, Patna 3.

The Additional Director General Of Police (PROTECTION), Bihar, Patna 4.

The Home Prosecution Director, Bihar Government Home Prosecution Directorate, Bihar, Patna 5.

The Deputy Inspector General Of Police, Shahabad Range, Dehri-On-Sone, Rohtas 6.

The District Collector-Cum-District Magistrate, Bhojpur (Ara) 7.

The Member Secretary, Bhojpur District Permanent Committee Bihar Witness Protection Scheme - 2018 8.

The Superintendent Of Police, Bhojpur (Ara) 9.

The Sub-Divisional Police Officer,Jagdishpur, Bhojpur 10.

The S.H.O. Police Station Tiyar, Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amaresh Kumar Sinha, Advocate Mr.Nagadeo Choubey, Advocate For the State :

G.P.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-04-2025 Heard the parties.

2. The present application has been filed for a direction to the respondents to provide Body Guard under the

Patna High Court CR. WJC No.2076 of 2023(3) dt.22-04-2025 2/3 Bihar Witness Protection Scheme, 2018 as the petitioner is being threatened to be killed by the convicted accused in connection with S.Tr. No. 02 of 2012 arising out of Tiyar P.S. Case No. 14 of 2011 under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act as well as by the accused persons in connection with Tiyar P.S. Case No. 124 of 2022 under Section 385, 504 and 506 of the Indian Penal Code.

3. By order dated 14.12.2024, the petitioner has been provided protection under Group-B category.

4. Learned counsel for the petitioner submits that the petitioner is eligible to be provided protection under Group-A category as his life is under threat by the accused persons of the above noted cases who are either convict or are undergoing trial.

5. Learned counsel for the State has supported the order dated 14.12.2024 and has submitted that the petitioner is not eligible to receive protection under Group-A category.

6. I have considered the submissions of the parties.

7. From the reading of the witness policy and from the reading of the clauses, I am of the opinion that the petitioner is eligible to get protection under Group-A category and not Group-B category.

8. This application is disposed of with a direction to

Patna High Court CR. WJC No.2076 of 2023(3) dt.22-04-2025 3/3 the respondents to provide the petitioner protection under Group-A category under the Witness Protection Scheme. (Sandeep Kumar, J) P. Kumar U T