SUBHASH PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for the following reliefs :

(2.) It is submitted by the Petitioner that the Bihta P. S. Case No. 425 of 2023, dated 4th of May 2023 under Ss. 447, 448, 341, 342, 323, 384, 386, 406, 420, 506 and 120B of the Indian Penal Code was registered on the basis of a written complaint submitted by one Bhim Verma, Respondent No. 6 herein, on the allegation that the father of the Informant entered into an agreement for a tenure of three months with one person, namely, Arun Kumar @ Munshi @ Mukhiya for sale of a piece of land. However, the said Arun Kumar @ Munshi @ Mukhiya did not pay the entire amount and the period of agreement had Patna High Court CR. WJC No. 64 of 2024 dt.15/3/2024 expired. Thereafter, the mother of the Informant, namely, Meena Devi executed a deed of conveyance in respect of plots of land, bearing Plot No. 2296, corresponding to Khata No. 26 and Plot No. 2299, corresponding to Khata No. 28, measuring about 7 khatas in favour of the wife of the present Petitioner at a consideration price of Rs.96.00 Lakhs. Prior to the sale, the Petitioner was duly informed about the agreement with the said Arun Kumar executed by Ramanand Rai but he had chosen to purchase the said land. On 27/2/2023, the Petitioner called both the Informant and Arun Kumar @ Munshi @ Mukhiya at his residence. The Informant, accordingly, reached the house of the Petitioner. Then the Petitioner allegedly told the Informant to return entire money and he wished not to transfer his land, sold to his wife to which Arun Kumar @ Munshi @ Mukhiya also agreed. It is also alleged that the Petitioner threatened and intimidated the Informant, taking the mother and brother of the Informant hostage and sent the Informant to bring Rs.60. 50.00 Lakhs from village Arap. The said money was duly handed over to him. The Informant was further threatened of being killed by the Petitioner. Upon being asked for receipt of payment Rs.60. 50.00 Lakhs, the Petitioner also threatened the Informant saying the Informant that if he reveals anything to Patna High Court CR. WJC No. 64 of 2024 dt.15/3/2024 third person, he will face dire consequences. The incident took place in presence of some witnesses. It is also alleged that the Informant told Arun Kumar @ Munshi @ Mukhiya that he should take back the consideration amount of the agreement, upon which Arun Kumar @ Munshi @ Mukhiya told the Informant to hand over the entire money to Subhash Prasad Yadav. The FIR further discloses that Arun Kumar @ Munshi @ Mukhiya brought another Arun Kumar, Son of Satyadev Singh of Sikandarpur within Police Station Bihta and claimed to have been sent by Subhash Prasad Yadav, who also asked the Informant to transfer Rs.30.00 Lakhs into the account of Arun Kumar. The informant was persuaded by Arun Kumar of Sikandarpur to sign a document acknowledging receipt of Rs.1.00crore, and then only Arun Kumar of Sikandarpur would get Rs.60. 50.00 Lakhs deposited in the account of Arun Kumar @ Munshi @ Mukhiya. The informant due to fear put his signature on a stamp paper. Thereafter, Arun Kumar @ Munshi @ Mukhiya forcibly entered into the informant's house, demanded money and threatened to kill the Informant and his family. The informant immediately called police, upon which Arun Kumar @ Munshi @ Mukhiya was arrested and brought to Neura Police Station on 16th of August, 2022, but no FIR was Patna High Court CR. WJC No. 64 of 2024 dt.15/3/2024 registered. On 6th of June, 2022, the Informant met the Chief Minister and submitted an application, after which, the Chief Minister of the State of Bihar directed the District Magistrate, Patna to inquire into the matter. The Informant also submitted few audio and video recordings, but despite giving all such evidences, the Police did not file any FIR against the Petitioner as well as Arun Kumar @ Munshi @ Mukhiya and others. Only on 4th of May, 2022, the Informant had a meeting with the District Magistrate, Patna and he asked him to meet the Senior Superintendent of Police. Only then, his FIR was accepted against former Sarpanch, Pankaj Singh, Arjun Rai, Arun Kumar @ Munshi @ Mukhiya, Renu Devi, Subhas Prashad Yadav and Randhir Yadav.

(3.) The Petitioner also submitted that previously he was made accused in respect of the following cases:-