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Patna High Court

NILENDU KUMAR JHAversusThe State of Bihar, through the Additional chief Secretary, Deptt. of Home, Govt. of Bihar, Patna.

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed, with the court directing the petitioner to approach the trial court for further investigation and ordering the State to act on any threat complaint.

Summary

Petitioner Nilendu Kumar Jha alleged that a group of private respondents, led by Lakshmi Narayan Jha, filed multiple false criminal cases to coerce him into selling his land. He sought a writ directing the State to provide security for his life and property and to conduct a proper investigation into the alleged false cases. The State respondents contended that three of the FIRs were proven true, none linked to respondent No. 8, and that the petitioner could seek further investigation under Cr.P.C. 173(8) and the B.N.S.S. 193(9). The High Court held that the petitioner should approach the trial court for any further investigation and ordered the State to act on any complaint of threat to his life or property. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the High Court can entertain a writ petition directing further investigation of alleged false FIRs.
  • Whether the petitioner is entitled to a direction for protection of life and property pending investigation.
  • Whether the State is obligated to act on the petitioner's complaint of threat under the Constitution and statutory duties.

Legislation cited

Subjects

  • writ petition
  • protection of life and property
  • false FIR
  • investigation
  • Section 173(8) CrPC
  • SC/ST Act
  • land dispute
  • police negligence

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Writ Jurisdiction Case No.1014 of 2022
     ======================================================
     Nilendu Kumar Jha S/o Dhirendra Jah, Resident of Village- Patuaha, P.O.-
     Patuaha, P.S.- Saharsa, District- Saharsa.
                                                                   ... ... Petitioner
                                          Versus
1.    The State of Bihar, through the Additional chief Secretary, Deptt. of Home,
      Govt. of Bihar, Patna. Bihar
2.   The Director General of Police, Government of Bihar, Patna. Bihar
3.   The Inspector General of Police Bihar
4.   The Deputy Inspector General of Police, Koshi Division, Saharsa. Bihar
5.   The Superintendent of Police, Saharsa Bihar
6.   The Deputy Superintendent of Police, Saharsa Head Quarter, P.S.- Saharsa.
     Bihar
7.   The S.H.O. SC/ST, P.S. Saharasa. Bihar
8.   Laxmi Narayan Jha @ Sohan Jha S/o Late Digamber Jha Resident of D.B.
     Road, Anurag Gali, Saharsa, P.S. and District- Saharsa.
9.   Mukesh Kumar Sharma S/o Late Siya Ram Sharma Resident of Village-
     Patuaha, P.O. Patuaha, P.S.- Saharsa, District- Saharsa.
10. Anish Kumar S/o Krishna Mohan Mishra Resident of Village- Sihaul, P.S.-
    Bihara, District- Saharsa.
11. Gulab Devi W/o Rajendra Sharma Resident of Village and Post- Patuaha,
    P.S.- Saharsa, District- Saharsa.
12. Suresh Sharma S/o Late Prayag Sharma Resident of Village- Patuaha, P.S.-
    Saharsa, District- Saharsa.
13. Amit Kumar S/o ---------------- Resident of Village and P.O. Basnahi, P.s.-
    Sonbarsa Raj, District- Saharsa.
14. Sujeet Mishra S/o Late Kishore Mishra Resident of Village- Godh Bardaha,
    P.S.- Gheladh, District- Madhepura.
15. Dayanand Jha S/o Late Shambhunath Jha Resident of Village and Post-
    Patuaha, P.S.- Saharsa, District- Saharsa.
16. Bibhuti Kumar S/o Satyanarayan Jha Resident of Village and Post Patuaha,
    P.S.- Saharsa, District- Saharsa.
17. Bhumi Sharma S/o Late Saryug Sharma Resident of Village and Post-
    Patuaha, P.S.- Saharsa, District- Saharsa.
18. Sanjeet Kumar S/o Manoj Singh Thakur Resident of Village and Post
    Patuaha, P.S.- Saharsa, District- Saharsa.
19. Madav Kumar Jha S/o Late Shiv Shankar Jha Resident of Village and Post-
    Patuaha, P.s.- Saharsa, District- Saharsa.
20. Papu Yadav S/o Sita Ram Yadav Resident of Village and Post- Patuaha, P.S.-
    Saharsa, District- Saharsa.
21. Shakti Kumar S/o Late Bhushan Sharma Resident of Village and Post-
    Patuaha, P.S.- Saharsa, District- Saharsa.
                                                     ... ... Respondents
         Patna High Court CR. WJC No.1014 of 2022(8) dt.19-02-2026
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                 ======================================================
                 Appearance :
                 For the Petitioner/s        :       Mr. Suraj Kumar, Advocate
                                                     Mr. Vijay Kumar Mukul, Advocate
                                                     Mr. Pramod Mishra, Advocate
                 For the Respondent/s        :       Mr. Iqbal Asif Niazi, AC to GP-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

8   19-02-2026                      Heard learned counsel for the parties.

                                    2. The present writ petition has been filed seeking

                   following reliefs:

                                               “Issuance of any appropriate order / orders
                                        direction / directions or writ / writs commanding
                                        and directing respondents concerned to provide
                                        security of the life and property of the petitioner as
                                        also to hold a proper enquiry and investigate the
                                        false case registered against the petitioner by the
                                        private respondent specially Respondent No. 8 as
                                        the said respondents by taking into influence and
                                        conspiracy with all named private respondents use
                                        to lodge false cases such as Saharsa SC/ST P.S.
                                        Case No. 9/2022, Sour Bazar P.S. Case No.
                                        212/2022, Mahila P.S. -(Saharsa) case no.
                                        25/2022, Bihera P.S. Case No. 87/2022 etc. only
                                        with a view to make a pressure upon the petitioner
                                        to sale his lands in the hand of respondent no. 8,
                                        who is a land Mafiya and criminal minded persons
                                        and in connivance with all other named private
                                        respondent he use to file false cases against
                                        innocent persons of the village and his locality, so
                                        that they may succumb and sale of their lands in
                                        hand of said Lakshmi Naraya Jha @ Sohan Jha,
                                        whereas said Sohan Jha himself is named accused
                                        in several criminal cases of serious nature
                                        including fraud and forgery; And / or any other
                                        relief / reliefs for which the petitioner is found
                                        entitled to in the facts and circumstances of the
                                        case.”
                                    3. Learned counsel for the State respondent submits
Patna High Court CR. WJC No.1014 of 2022(8) dt.19-02-2026
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          that the matter was investigated and in the counter-affidavit of

          the State respondent, the following facts have been brought to

          the notice of this Court:

                                 “10. That likewise, the Saharsa Mahila P.S
                          Case No. 25 of 2022 vide Annexure-2 was lodged
                          on the basis of a written petition of one Gulab Devi
                          against the petitioner and others but on
                          investigation and supervision the case was found
                          to be false and final Report Vide No. 43/2022 dated
                          05.10.2022 was submitted in the case as false.

                                 11. That similarly, Saharsa S.C/S.T P.S Case
                          No.-09/2022 vide Annex-3 has been found to be
                          true under Section 341, 323, 447, 427, 504, 506
                          &34 of the Indian Penal Code and under Section
                          3(1)(r)(s) (e) of the SC/ST Act against the writ
                          petitioner and others.

                                 12. That similarly, Saurbazar (Baijnathpur)
                          P.S Case No. 212/2022 dated 24.04.2022 was
                          registered under Section 341, 323, 379, 384, 504,
                          506 &34 of the Indian Penal Code on the basis of
                          a written petition of one Anish Kumar and after
                          investigation and supervision the case has been
                          found true under Section 341, 323, 385, 504, & 34
                          of the Indian Penal Code against the petitioner and
                          others.

                                13. That the Bihra P.S. Case No. 87/2022
                          vide Annexure-4 to the writ petition was lodged
                          under Section 341, 323, 379, 504/34 of the Indian
                          Penal Code till date, several witnesses have
                          supported the narrated version of prosecution.

                                 14. That here it needs mention that all these
                          F.I.R have been lodged for isolated occurrences
                          and three of them have been found to be true. No
                          link of respondent no. 8 was found in these cases.
                          So the petitioner is being victimized at the instance
Patna High Court CR. WJC No.1014 of 2022(8) dt.19-02-2026
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                          of private respondent, does not get support. The
                          rest can only be said after a full-fledged trial.”

                          4. Learned counsel for the petitioner submits that

          petitioner has been harassed in the hands of private respondent

          nos. 8 to 21. The police has not properly investigated the matter

          and found the case true against the petitioner in some of the

          cases.

                          5. Considering the prayer of the petitioner which is

          mainly for protection of his life and property and also for proper

          investigation in the cases, filed by the private respondents, I am

          of the view that if the petitioner is not satisfied with

          investigation he can always approach the learned trial Court

          with prayer for further investigation under Section 173(8) of the

          Cr.P.C. / 193(9) of the B.N.S.S., 2023, and should not rush to

          this Court, considering the continuous litigation between the

          parties.

                          6. For protection of life and property of the

          petitioner, the State is duty-bound to protect the same and

          therefore, it is ordered that whenever any complaint is received

          from the petitioner regarding threat to his life or property,

          appropriate action would be taken by the State respondents.

                          7. At this stage, learned counsel for the petitioner

          submits that he has already made a complaint vide Annexure-6,
          Patna High Court CR. WJC No.1014 of 2022(8) dt.19-02-2026
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                    but no action has been taken. The State respondents are also

                    directed to act upon the complaint made vide Annexure-6.

                                    8. In terms of the aforesaid order, the present writ

                    petition stands disposed of.



                                                              (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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