Patna High Court
Saroj Kumar (In-Person)versusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The Court held that no case was made out for interference and dismissed the writ application.
Summary
Saroj Kumar filed a public interest litigation seeking a writ of mandamus directing the State of Bihar and its police authorities to cease mentioning the caste names of accused persons in FIRs, case diaries, and charge sheets. The petitioner argued that such practice fosters caste discrimination and should be prohibited. The State contended that mentioning caste is not mandatory but is done in certain cases, especially under the SC/ST Act, and that it does not cause prejudice, especially in view of the government's caste‑based census policy. The Court examined whether there was a sufficient legal basis to interfere with police documentation practices. Finding no substantial ground to compel the police to omit caste details, the Court dismissed the writ application.
Issues considered
- Whether the court can issue a mandamus directing police to stop recording caste names of accused in FIRs, case diaries, and charge sheets.
- Whether the practice of mentioning caste in police records violates any constitutional or statutory provision.
- Whether the State's policy of conducting a caste‑based census justifies the inclusion of caste information in police documents.
Subjects
- caste discrimination
- FIR
- police procedure
- mandamus
- public interest litigation
- SC/ST Act
- caste census
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16944 of 2025
======================================================
Saroj Kumar (In-Person) Son of Late Bashishth Singh, R/o- Village- Maruan,
P.S.- Dinara, Dist.- Rohtas (Sasaram), PIN 802213. Presently resides at Ganga
Gate no.28, Ward no.22, Muhalla- Rajapur, P.S- S.K.Puri, District -Patna, PIN
800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Director General of Police, Bihar, Patna.
4. The Law Secretary, Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar, 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 MR. JUSTICE RAJESH KUMAR VERMA)
3 06-01-2026 The present writ application has been filed in the
form of a P.I.L. for the following reliefs:-
"(i) For the issuance of a writ of mandamus
and/or, any other appropriate
writ/direction/order commanding the
respondents to immediately stop the practice
of writing caste names of accused persons in
F.I.Rs, Case Diaries and Charge Sheets by
all police station and police officers
throughout the territory of the State of Bihar.
(ii) For the issuance of a writ of mandamus
and/or any other appropriate
writ/direction/order commanding the
respondents to issue necessary orders to
ensure all consequential relief to the
petitioner in the facts and circumstances of
the case."
Patna High Court CWJC No.16944 of 2025(3) dt.06-01-2026
2/3
2. It appears from the pleadings of the writ petition
that the present petition has been filed without any substantial
basis and seeks to restrict the practice of mentioning the caste
names of accused persons in the F.I.R., case diary and charge
sheet. It is not mandatory for the police to mention the caste and
religion of either the accused persons or the
complainant/informant. However, in certain cases, the police
have included the caste and religion of the accused persons and
the complainant/informant in the records.
3. Learned counsel for the State submits that both in
the State of Bihar and across the country, the Government has
taken a policy decision to conduct a caste-based census. In such
circumstances, if police officials mention the caste and religion
of the accused persons as well as of the complainant/informant,
no prejudice or harm is caused to society. It is further submitted
that by incorporating the caste names of the accused persons and
the complainant/informant in the F.I.R., the State is not in any
manner promoting casteism.
4. Learned counsel for the State further submits that in
cases registered under the SC/ST Act, the caste names of both
the accused persons and the complainant/informant are
mentioned in the F.I.R.
Patna High Court CWJC No.16944 of 2025(3) dt.06-01-2026
3/3
5. Having heard the counsel for the parties and in
view of the aforesaid backdrop, no case is made out for
interference of this Court in the present matter.
6. Accordingly, the present writ application stands
dismissed.
7. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, ACJ)
( Rajesh Kumar Verma, J)
Vanisha/-
U
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