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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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