Dismissed¶34

Bihar Bengal Bus Owners Assiciation through Its President Niraj Kumar Dinkar v. the State of Jharkhand through Home Secretary

Jharkhand HC15 Jul 2025W.P.(Cr.)/421/2025

Case brief

AI extract

What is this about?

Chanda extortion; Durga Puja Committees; bus operators; inter-state permits; Hazaribagh; Barkatha; Barhi; police inaction; general allegations without evidence; no witness examined; alternative remedy under BNSS; FIR; writ petition dismissed; liberty to take recourse to law; Ananda Sen, J.; Jharkhand High Court; 2025.

What did the court decide?

The writ petition is based largely on general allegations; no individual instance is supported by credible evidence, nor has any witness deposed in support of the petitioner's version of events. ¶33

Bihar Bengal Bus Owners Assiciation through Its President Niraj Kumar Dinkar Vs the State of Jharkhand through Home Secretary — Jharkhand HC (2025) — LawSathi Research

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2025:JHHC:19529

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(Cr). No. 421 of 2025

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Bihar Bengal Bus Owners Association; through its President- Niraj Kumar Dinkar (aged about 33 years), Son of- Shree Dinesh Prasad Dinkar, Having office of Association at Kanta, Near Laheri Thana, Murarpur Adda, P.O.& P.S.-Bihar Sharif, District-Nalanda (Bihar) .... Petitioner(s).

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Versus

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The State of Jharkhand; through Home Secretary, Homes Department, Office at- Project Bhawan, P.O. & P.S.- Dhurwa, At & Dist. Ranchi.-4

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Transport Commissioner- cum- Secretary, Govt. of Jharkhand, Office atFFP Bhawan, P.O. & P.S.- Dhurwa, At & Dist. Ranchi.

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Director General of Police, State of Jharkhand, Dept. of Police, Office at - Police Headquarters, Nr. Project Bhawan, P.O. & P.S. Dhurwa, At & Dist. Ranchi.

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Inspector General of Police, North Chotanagpur Range, office of I.G., At+ P.O. & P.S. Bokaro Steel City, Dist. Bokaro.

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D.I.G., North Chotanagpur Range Office at- Commissioner Office, At + P.O. & P.S. Hazaribagh Town, Dist. Hazaribagh. 825301

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Deputy Commissioner, Hazaribagh District

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Superintendent of Police, Hazaribagh District, Office at - S.P. Office

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Sub-Divisional Magistrate, Hazaribagh District, Office of-SDM Respondent No. 6,7 & 8-New Collectorate Building, At + P.O. & P.S. Hazaribagh Town, Dist. Hazaribagh. 825301

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Officer-In-Charge, Barkattha Police Station, Address - Barkattha Thana, G.T. Road, P.O. & P.S.- Barkattha, District- Hazaribagh

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Officer-In-Charge, Barhi Police Station, Address — Barhi Thana, G.T. Road, P.O. & P.S.- Barhi Town, District - Hazaribagh

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… Respondent(s).

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Mitul Kumar, Advocate For the State : Mr. Deepankar, A.C. to G.A.-III

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05/ 15.07.2025: Heard, learned counsel for the parties.

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The petitioner in this Writ Petition has prayed for following reliefs:-

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(a) For taking quick, sturdy and effective action against the office bearers of unruly Durga Puja Committees , who by way of using force, illegally and openly extorting money in the name of Chanda from the buses owned by members of Petitioner Association and in case of Bus owners declines their demands or ready to pay less amount then buses are not permitted to move , staff members are abused and beaten , but neither the action is taken by Police nor matter is seriously taken, even after series of complaint made by the Petitioner , rather Police remains a silence

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spectator and enjoy the situation and from their attitude it appears that there is no wrongful act done by Puja Committee and it is the moral duty and obligation of bus owners to pay hefty Chanda during puja as their buses are passing through towns.

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AND

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(b) For issuance of direction upon Police Authorities and concerned Administration to safeguard the money and property of Petitioner, as buses are being subjected to unwarranted blackmail and coercion and duty of Respondent Authorities to control and to regulate law the & order situations has not been performed properly so to curb the curse of Chanda system , while granting license to these committees , the Respondents must assure and take pledge from the office bearers of Committees that they would not adopt illegal means to collect Chanda

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AND /OR

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(c) For issuance of a direction to the Respondents to form a Joint Working Group, which comprises of- Police Officer, representative of Petitioner Association and the office bearers of Puja Committee, who shall ensure take measures to protect the Bus owners from getting squeezed.

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AND / OR

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(d) For a direction upon Officers -In - Charge (Resp. No. 9 & 10) to take instant action against the law breakers persons when they try to stop movements of buses on Highways for collecting Chanda, as unnecessary obstructing buses on Highways are strictly prohibited under High Way Act & Rules.

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The case of prosecution is that Members of the Petitioner Association operate buses from Bihar (Bihar Sharif/Nalanda/Nawada) to Kolkata under valid inter-state permits. Their buses usually pass through Hazaribagh District (Jharkhand) via National Highway. Issue arises a month before festivals like Durga Puja, Chhath, and Saraswati Puja. During these times, local Puja Committees in Hazaribagh, especially near Barkatha and Barhi, stopped the buses and forcibly demanded large amounts of “Chanda” .

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Learned counsel for the petitioner submits that if demands of respondents were not met, buses are not allowed to be plied and sometimes even damaged. He further submits that in September and October 2024, buses were forcibly detained near police stations by groups using sticks, threatening staff and passengers to the effect that until their illegal demands were met, they will not be allowed to operate. Only after receipt of money they are allowed to ply. He further submits that even when complaints were

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made to the police and administration, no action was taken, and bus operators were told it was their duty to fulfill the demands of Puja Committees.

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Learned counsel representing the state submits that there is no evidence placed on record to show that demand for chanda is made by force. He further submits that no witness has been examined to support the petitioner’s case.

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Considering the submissions of the learned counsels, I am of the considered view that the petition is based largely on general allegations without placing concrete, verifiable evidence or affidavits from affected bus operators or staff. No individual instances have been supported by credible evidence, nor has any witness deposed in support of the petitioner’s version of events. Further the petitioner should have filed an FIR or when it is not possible the petitioner had an alternative statutory remedy available under BNSS. Without availing the same the petitioner rushed to this court by filing this writ petition.

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Accordingly, the Court finds no merit in the present writ petition. Therefore, this writ petition is dismissed. However, it will be open to each individual to take recourse of law, if someone or any body breaches the law.

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(ANANDA SEN, J.)

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R.S./

Bihar Bengal Bus Owners Assiciation through Its President Niraj Kumar Dinkar v. the State of Jharkhand through Home Secretary

Case brief

What is this about?

What did the court decide?

Bihar Bengal Bus Owners Assiciation through Its President Niraj Kumar Dinkar v. the State of Jharkhand through Home Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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