Patna High Court
NILENDU KUMAR JHAversusThe State of Bihar, through the Additional chief Secretary, Deptt. of Home, Govt. of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
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
- B.N.S.S., 2023 — s. 193(9)
- Code of Criminal Procedure, 1973 — s. 173(8)
- Indian Penal Code — s. 323, 34, 341, 379, 384, 385, 427, 447, 504, 506
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(e), 3(1)(r), 3(1)(s)
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
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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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