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Patna High Court

Abhinav ShandilyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the State to complete the amendment of the Bihar Prison Manual within nine months and disposed of the writ application.

Summary

Petitioner Abhinav Shandilya filed a public interest litigation seeking a mandamus directing the State of Bihar to implement the Model Prison Manual, 2016, arguing it was issued under the direction of the Apex Court to ensure uniform prison regulations. The State, through its counter affidavit, indicated that a committee had been constituted to incorporate suggested amendments into the Bihar Prison Manual, 2012, and that the process was ongoing. The Court examined whether the State’s ongoing amendment exercise obviated the need for a mandamus. Considering the State’s submissions, the Court directed the respondents to complete the amendment of the Bihar Prison Manual within nine months from receipt of the order. Consequently, the writ application was disposed of, with no further relief granted.

Issues considered

  • Whether the State of Bihar is obligated to implement the Model Prison Manual, 2016 through a mandamus writ.
  • Whether the ongoing amendment process of the Bihar Prison Manual, 2012 suffices to satisfy the petitioner's relief.

Subjects

  • Model Prison Manual 2016
  • Mandamus
  • Public Interest Litigation
  • Prison Reform
  • Bihar Prison Manual 2012
  • Administrative Law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.11297 of 2025
                 ======================================================
                 Abhinav Shandilya son of Sri Vijay Kumar Singh, resident of Sahdeo Pateh,
                 Patel Nagar, Near Nala, Post- L.B.S. Nagar, Police Station- Shastri Nagar,
                 District- Patna. (IN PERSON)

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Secretary, Law Department, Government of Bihar, Patna.
           3.    The Secretary, Home Department, Government of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Abhinav Shandilya (In Person)
                 For the Respondent/s   :      Mr. P.K. Shahi, AG
                 ======================================================
                 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

5   06-01-2026                   The present writ application has been filed in the

                   form of a PIL for the following relief:-

                               “(i) For issuance of an appropriate writ in the
                               nature of MANDAMUS commanding and
                               directing the Respondent Authorities to
                               implement the Model Prison Manual, 2016
                               framed by the Government of India, Ministry of
                               Home Affairs, New Delhi in the State on the
                               ground that the Model Prison Manual, 2016 was
                               framed by the Government of India, Ministry of
                               Home Affairs pursuant to the direction of the
                               Hon'ble Apex Court as also to bring some level
                               of uniformity in laws and regulations governing
                               prisons in the Country.
                               (ii) For issuance of any other appropriate
                               writ/writs order /orders, direction/directions for
                               which the writ petitioner shall be found entitled
Patna High Court CWJC No.11297 of 2025(5) dt.06-01-2026
                                            2/3




                       under the facts and circumstances of the case.”

                        2. A counter affidavit has been filed on behalf of

          respondent nos.1 & 3, the relevant paragraph of which is

          extracted hereinbelow:

                         “11. That in order to adopt and
                         incorporate the amendments suggested by
                         Director, Bihar Institute of Correctional
                         Administration (BICA), a committee was
                         constituted at the head quarter level and
                         due to retirement of one of the members of
                         the committee it was reconstituted vide
                         memo no. 1548 dated 20.02.2023.”
                         3. From the statement made in paragraph-11 of the

          counter affidavit, it is evident that steps have already been

          initiated on behalf of the State for carrying out the necessary

          amendments in the Bihar Prison Manual, 2012. Accordingly, a

          clarification was also sought from the State regarding the

          present status of the said issue.

                         4. It has been submitted on behalf of the State that,

          in furtherance of the aforesaid objective, the committee has

          convened several meetings on different dates and the matter is

          presently under active consideration.

                         5. Considering the facts and circumstances of the

          case and the submissions advanced on behalf of the learned

          counsel for the State, the respondent authorities are directed to

          complete the entire exercise, preferably within a period of nine
            Patna High Court CWJC No.11297 of 2025(5) dt.06-01-2026
                                                        3/3




                      months from the date of receipt/production of a copy of this

                      order.

                                     6. With the aforesaid observation and direction, the

                      writ application stands disposed of.

                                     7. Pending application(s), if any, shall also stands

                      disposed of.



                                               (Sudhir Singh, ACJ)


                                             (Rajesh Kumar Verma, J)
Suruchi/-

U


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