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Patna High Court

Anand MohanversusThe State of Bihar Through the Principal Secretary /Additional Chief Secretary, Home Department

Decided
Disposal
DISPOSED

Holding

The Court ordered the respondents to decide the petitioner’s representations within a month and disposed of the writ petition.

Summary

The petitioner, Anand Mohan, filed a writ petition seeking a court order directing the Sub‑Inspector of Piprakothi to correct the date of death of his father in the police fardbayan from 23‑10‑2024 to the correct date of 24‑10‑2024. The incorrect entry prevented the petitioner from claiming insurance and other benefits available to road‑accident victims. The petitioner had submitted representations to the SHO, the Superintendent of Police, and the DIG on 26‑07‑2025 and 16‑08‑2025 requesting the correction, but no decision had been communicated. The State argued that the representations were still under consideration. The Court directed the respondents to decide the petitioner's representations within one month of receipt of the order and to inform the petitioner of the outcome, and consequently disposed of the writ petition.

Issues considered

  • Whether the High Court can issue a writ directing the police to correct the date of death recorded in a fardbayan.
  • Whether the petitioner is entitled to immediate relief for the alleged clerical error affecting insurance claims.

Subjects

  • writ jurisdiction
  • correction of police record
  • date of death
  • insurance claim
  • police representation
  • civil remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.3244 of 2025
                 Arising Out of PS. Case No.-272 Year-2024 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Anand Mohan Son of Late Savaliya Kumar Resident at near Shiv Mandir, Pal
                 Nagar, Bishunpur, Dhanbad, Jharkhand.
                                                                        ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar Through the Principal Secretary /Additional Chief
                  Secretary, Home Department Government of Bihar.
           2.    Principal Secretary / Additional Chief Secretary Home Department,
                 Government of Bihar,Secretariat Patna
           3.    D.I.G., Champaran Range, Motihari Bihar
           4.    S.P., East Champaran (Motihari), Bihar Bihar
           5.    S.H.O., Piprakothi, Motihari Bihar
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Koshalendra Rai, Adv.
                                                  Mrs. Shweta Kumari, Adv.
                 For the Respondent/s     :       S.C. 15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER
2   05-02-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State/respondents.

                                 02. The petitioner has filed the present petition

                   seeking the following reliefs:-

                                        “To     issue    appropriate      Writ/Writs,
                                        Order/Orders and/or Direction/Directions:
                                        I. Commanding the respondent no. 5 to
                                        correct the date of death of the deceased in
                                        fardbayan from 23.10.2024 to 24.10.2024
                                        and
                                        II. Grant any other relief deemed fit and
                                        proper.”

                                 03. Learned counsel for the petitioner submits that the

                   father of the petitioner died in a road accident on 24.10.2024 but

                   inadvertently date of his death has been mentioned as

                   23.10.2024 in the fardbayan, on which Piprakothi PS Case No.

                   272/2024 was registered. Due to this mistake, the petitioner is

                   not able to claim insurance and other other benefits provided to
             Patna High Court CR. WJC No.3244 of 2025(2) dt.05-02-2026
                                                         2/2




                       road accident victims by the Government. Learned counsel for

                       the petitioner further submits that representation has been

                       submitted on 26.07.2025 before the SHO, Piprakothi, Motihari

                       for correction in the date of death of the father of the petitioner

                       in fardbayan recorded by the police official leading to

                       registration of Piprakothi PS Case No. 272/2024 vide Annexure

                       P/3. Subsequently, representation has also been given to

                       Superintendent of Police, Motihari and DIG, Champaran Range

                       on 16.08.2025 vide Annexure P/4 series.

                                   04. Learned counsel for the State/respondents submits

                       that the representation of the petitioner is under consideration.

                                   05. Since the State/respondents have not taken a

                       decision on the representation of the petitioner dated 26.07.2025

                       and 16.08.2025, the State/respondents are directed to take a

                       decision on the representation of the petitioner within a month

                       from the date of receipt/production of a copy of this order and

                       apprise the petitioner about its outcome.

                                   06. Accordingly, the present writ petition stands

                       disposed of.


                                                 (Arun Kumar Jha, J)
Anuradha/-
U     T


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