Patna High Court

Bijay Kishore PrasadversusThe State of Bihar through its Principal Secretary, Home Department, Government of Bihar, Patna

Decided: 11 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The application for modification of the earlier order is not maintainable and is dismissed.

Summary

Petitioner Bijay Kishore Prasad filed an application seeking modification or recall of a High Court order dated 24 July 2025 that directed police to provide protection for his agricultural activities and to act against any obstruction, including by private respondents. Respondent No.8, Chandra Shekhar Prasad, contested the maintainability of the application, arguing that a review of the earlier order could not be entertained by the court. The learned counsel for the State also appeared. Justice Sandeep Kumar examined the submission and held that the application for modification was not maintainable. Consequently, the court dismissed the application but granted the petitioner liberty to approach the Division Bench in the Letters Patent jurisdiction, referring to a prior judgment in Bhushan Prasad @ Shashi Kumar vs. State of Bihar. The order was pronounced on 11 March 2026.

Issues considered

Whether the application for modification/recall of the order dated 24 July 2025 is maintainable before this Court
Whether a review of the said order can be entertained by the Court

Subjects

maintainability
review of order
police protection
agricultural activities
High Court
Letters Patent jurisdiction
modification of court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.13809 of 2026
                                                    In
                              Criminal Writ Jurisdiction Case No.1390 of 2022
                 ======================================================
                 Bijay Kishore Prasad S/O Late Balram Prasad R/O 328, A. P. Colony, Gaya,
                 near Indira Gandhi Stadium, Gaya, P.S.- Rampur, District- Gaya. Permanent
                 Add. Vill.- Alhan Parasi, P.O.- Singhari, Anchal and P.S.- Goh, Dist.-
                 Aurangabad.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through its Principal Secretary, Home Department,
                 Government of Bihar, Patna Bihar
           2.    The Director General of Police, Bihar, Patna Bihar
           3.    The Inspector General of Police, Magadh Range, Gaya Bihar
           4.    The D.I.G, Magadh Range, Gaya Bihar
           5.    The District Magistrate, Aurangabad Bihar
           6.    The Superintendent of Police, Aurangabad Bihar
           7.    The Station House Officer, Goh Police Station, Aurangabad Bihar
           8.    Chandra Shekhar Prasad S/O Late Shyam Bihari Prasad R/O Santan kutir,
                 B/53, Flat no. 2, Second Floor, Housing Colony, P.S.- Kankarbagh, Patna
           9.    Santan Sharma S/O Not known R/O Village- Alhan Parasi, P.S- Goh,
                 District- Aurangabad
           10. Manoj Sharma S/O Not Known R/O Village- Alhan Parasi, P.S- Goh,
               District- Aurangabad
           11. Nitesh Sharma S/O Not Known R/O Village- Alhan Parasi, P.S- Goh,
               District- Aurangabad
           12. Pramod Sharma S/O Not Known R/O Village- Alhan Parasi, P.S- Goh,
               District- Aurangabad
           13. Vinod Sharma S/O Not Known R/O Village- Alhan Parasi, P.S- Goh,
               District- Aurangabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Arun Kumar Sinha, Advocate
                 For the respondent no. 8 :    Mr.Siddharth Prasad, Advocate
                 For the State            :    Mr.A.A.G.3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-03-2026                    Heard the parties.

                                2. The present application seeks modification/recall of
              Patna High Court CR. MISC. No.13809 of 2026(2) dt.11-03-2026
                                                          2/2




                        the Court order dated 24.07.2025 in Cr.W.J.C. No. 1390/2022,

                        which directed police to provide protection to the petitioner for

                        agricultural activities and to take legal action against anyone,

                        including private respondents, causing obstruction, and to issue

                        prohibitory orders if required according to applicable law.

                                     3. Mr. Siddhartha Prasad, learned counsel for

                        respondent no. 8 has objected to the maintainability of this

                        application and has submitted that a review of the order dated

                        24.07.2025 cannot be done by this Court.

                                     4. In these circumstances, this application is held to be

                        not maintainable and is accordingly dismissed but with liberty

                        to the petitioner to approach the Division Bench in Letters

                        Patent jurisdiction in view of judgment dated 18.02.2026 of this

                        Court in case of Bhushan Prasad @ Shashi Kumar vs. State of

                        Bihar and Ors in L.P.A. No. 1143/2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

Continue reading with your account

Checking your session…