Jitendra Kumar Yadav vs The State Of Bihar
2022 Latest Caselaw 2178 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1283 of 2021
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Jitendra Kumar Yadav Son of Sri Tileshwar Prasad Yadav Resident of Mohalla- Postal Park, P.s.- Jakkanpur, District- Patna

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar, patna

2. The Director General of Police, Bihar, Patna

3. The Additional Director General of Police (Special Branch) Intelligence and Security Division, Bihar Police, Patna

4. The Special Committee, Bihar Police Headquarter through its Chairman Inspector General of Police (Security), Intelligence and Security Division, Bihar Police, Patna

5. The Inspector General of Police (Security), Intelligence and Security Division, Bihar Police, Patna

6. The Deputy Inspector General of Police (Security), Intelligence and Security Division, Bihar Police, Patna

7. The Senior Superintendent of Police, Patna

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate Mr. Akshansh Ankit, Advocate For the Respondent/s : Mr. Sanjay Parasmani, A.C to G.P-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL JUDGMENT Date : 20-04-2022 Heard Mr. Rajendra Narain, learned senior counsel for

the petitioner and Mr. Sanjay Parasmani, learned A.C. to G.P.-4 for

the State.

2. The present writ application has been filed by the

petitioner challenging the order dated 16.3.2020 whereby the

bodyguard allotted to him has been recalled and further for a

direction to allot a bodyguard to the petitioner in view of the fact

that the petitioner has got threat perception. Patna High Court CWJC No.1283 of 2021 dt.20-04-2022

3. Learned senior counsel for the petitioner submits that

earlier pursuant to the direction of this Court in CWJC No. 12880

of 2017 a bodyguard on payment basis was given to the petitioner

vide letter dated 26.5.2018 for six months. However, the

bodyguard continued with the petitioner and petitioner has been

making payment fixed by the authorities continuously and at no

point of time the petitioner has defaulted in payment. He further

submits that it is not the case of the Respondent authorities that the

petitioner has ever misused the privilege of bodyguard given to

him. Referring to supplementary affidavit learned counsel submits

that on 27.2.2021 an attack was made on the life of the petitioner

by some unknown person for which the petitioner has lodged a

First Information Report bearing Jakkanpur P.S. Case No.

108/2021 (Annexure P/8) in which the bodyguard of the petitioner

received gun shot injury. He, thus, submits that in view of threat

perception of the petitioner, the withdrawal of bodyguard from

him, is completely arbitrary and amounts to endangering the life of

the petitioner.

4. On the other hand, learned counsel for the State

referring to the counter affidavit along with minutes of the Special

Security Committee submits that a meeting of the Committee was

held on 27.2.2020 and taking into consideration the report of the Patna High Court CWJC No.1283 of 2021 dt.20-04-2022

Senior Superintendent of Police that the petitioner has no threat

perception and that he is accused in three criminal cases, in which

charge sheet has already been submitted, the committee decided to

withdraw the bodyguard from the petitioner. He next submits that

in further meeting held on 6.11.2020 on the representation of the

petitioner and on the basis of the report of Senior Superintendent

of Police again the request of the petitioner for allotment of

bodyguard has been refused by the Security Committee.

5. I have heard learned counsel for the parties.

6. It appears that after the aforesaid two decisions of

the Security Committee, there was an attack on the petitioner, for

which, a First Information Report bearing Jakkanpur P.S. Case

No. 108/2021 has been lodged and from perusal of the First

Information Report, it appears that the bodyguard of the petitioner

received injury. Accordingly, in my opinion, this aspect of the

matter may be considered by the Secutiry Committee afresh, for

which, the petitioner is directed to file a representation before the

Senior Superintendent of Police along with First Information

Report lodged by him on 27.2.2021 within a period of four

weeks, and if such a representation is filed, the respondent

authority will take a decision upon the same in accordance with Patna High Court CWJC No.1283 of 2021 dt.20-04-2022

law preferably within a period of two months from the date of

filing of the representation of the petitioner.

7. With aforesaid observation and direction, this writ

application is accordingly disposed of.

(Anil Kumar Sinha, J) S.Ali/-

AFR/NAFR
CAV DATE
Uploading Date          25.04.2022
Transmission Date